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NINETY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, April 13, 1993
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present.
The Sergeant at Arms Color Guard, consisting of Pages Adam Van Dyk and Jami Rubin, presented the Colors. Reverend John Maxwell, pastor of the Summit United Methodist Church of Puyallup, and a guest of Senator Albert Bauer, offered the prayer.
MOTION
On motion of Senator Jesernig, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM THE GOVERNOR
April 12, 1993
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on April 12, 1993, Governor Lowry approved the following Senate Bill entitled:
ENGROSSED SENATE BILL NO. 5351
Relating to teachers' retirement.
Sincerely,
ED FLEISHER, Legal Counsel to the Governor
MESSAGE FROM THE GOVERNOR
April 12, 1993
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 6, Engrossed Senate Bill No. 5362 entitled:
"AN ACT Relating to full disclosure of civil court proceedings relating to public hazards."
Section 6 of Engrossed Senate No. 5362 is an emergency clause which implements this bill on July 1, 1993. I do not believe that the early effective date is appropriate in this case. The purpose of Engrossed Senate Bill No. 5362 is to inform the public of the existence of public hazards, such as products or instrumentalities which pose a danger of damage or injury to the public, by establishing as the public policy of this state that information regarding the existence of such hazards not be sealed by court order nor concealed by private contract or agreement. It is not the intent of this bill to disclose trade secrets or other proprietary information protected under existing statutes, case law and court rules. The existence of a public hazard will be determined by the courts and only such information as the court determines to be necessary to inform the public of the existence and nature of the hazard will be subject to the disclosure requirements of the bill.
With the exception of section 6, Engrossed Senate Bill No. 5362 is approved.
Respectfully submitted,
MIKE LOWRY, Governor
MOTION
On motion of Senator Jesernig, Engrossed Senate Bill No. 5362 was held on the desk.
MESSAGE FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENT
April 12, 1993
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Robert Quoidbach, reappointed January 9, 1993, for a term ending January 1, 1997, as a member of the Forest Practices Appeals Board.
Sincerely,
MIKE LOWRY, Governor
Referred to Committee on Natural Resources.
MESSAGE FROM THE HOUSE
April 12, 1993
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5578,
SENATE BILL NO. 5835, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5578,
SENATE BILL NO. 5835.
INTRODUCTION AND FIRST READING
SB 5985 by Senators Moore, Moyer, Prentice, Pelz, Deccio, Amondson, Fraser, Wojahn and Quigley
AN ACT Relating to childhood vaccines; adding a new chapter to Title 70 RCW; and making an appropriation.
Referred to Committee on Health and Human Services.
SB 5986 by Senators Barr, Roach, L. Smith, Nelson, Amondson, McDonald, Erwin and McCaslin
AN ACT Relating to a state fish and wildlife commission; adding new sections to chapter 77.04 RCW; creating new sections; and repealing RCW 77.04.010, 77.04.020, 77.04.030, 77.04.040, 77.04.055, 77.04.060, 77.04.080, and 77.04.090.
Referred to Committee on Natural Resources.
SCR 8408 by Senators Niemi and A. Smith
Creating a task force on sentencing disparities.
Referred to Committee on Law and Justice.
SCR 8409 by Senators Owen, Erwin, Franklin and Pelz
Concerning open pit metallic ore mining.
HOLD.
MOTION
On motion of Senator Jesernig, the rules were suspended, Senate Concurrent Resolution No. 8409 was advanced to second reading and placed on the second reading calendar.
MOTION
At 10:14 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.
The Senate was called to order at 11:54 a.m. by President Pritchard.
There being no objection, the President reverted the Senate to the first order of business.
REPORTS OF STANDING COMMITTEES
April 13, 1993
SB 5971 Prime Sponsor, Senator Pelz: Expanding school breakfast and lunch programs. Reported by Committee on Ways and Means
MAJORITY recommendation: That Substitute Senate Bill No. 5971 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Bauer, Bluechel, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Owen, Pelz, Quigley, Roach, Snyder, Sutherland, Talmadge, West, Williams, and Wojahn.
Passed to Committee on Rules for second reading.
April 13, 1993
SB 5973 Prime Sponsor, Senator Gaspard: Requiring the secretary of state to provide a copy of the state-wide computer file of registered voters to persons requesting a copy. Reported by Committee on Ways and Means
MAJORITY recommendation: Do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Anderson, Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Owen, Pelz, Quigley, Roach, Snyder, Sutherland, West, Williams, and Wojahn.
Passed to Committee on Rules for second reading.
April 13, 1993
SB 5975 Prime Sponsor, Senator Rinehart: Regulating extradition agents' duties and payments. Reported by Committee on Ways and Means
MAJORITY recommendation: Do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Jesernig, McDonald, Owen, Pelz, Quigley, Roach, Snyder, Sutherland, West, Williams, and Wojahn.
Passed to Committee on Rules for second reading.
April 13, 1993
SB 5978 Prime Sponsor, Senator Rinehart: Modifying disposition of motor vehicle excise tax revenue. Reported by Committee on Ways and Means
MAJORITY recommendation: Do pass. Signed by Senators Rinehart, Chairman; Bauer, Gaspard, Hargrove, Hochstatter, Jesernig, Owen, Pelz, Quigley, Snyder, Sutherland, West, Williams, and Wojahn.
Passed to Committee on Rules for second reading.
April 13, 1993
SB 5982 Prime Sponsor, Senator Rinehart: Changing higher education tuition provisions. Reported by Committee on Ways and Means
MAJORITY recommendation: That Substitute Senate Bill No. 5982 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Bluechel, Gaspard, Hargrove, Jesernig, Owen, Pelz, Quigley, Snyder, Sutherland, Williams, and Wojahn.
Passed to Committee on Rules for second reading.
April 13, 1993
ESHB 1435 Prime Sponsor, House Committee on Capital Budget: Adopting the supplemental capital budget. Reported by Committee on Ways and Means
MAJORITY recommendation: Do pass. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Anderson, Bauer, Gaspard, Hargrove, Hochstatter, Jesernig, Owen, Pelz, Quigley, Snyder, Sutherland, West, Williams, and Wojahn.
Passed to Committee on Rules for second reading.
April 13, 1993
ESHB 1524 Prime Sponsor, House Committee on Appropriations: Making supplemental appropriations. Reported by Committee on Ways and Means
MAJORITY recommendation: Do pass as amended. Signed by Senators Rinehart, Chairman; Spanel, Vice Chairman; Bauer, Gaspard, Hargrove, Jesernig, Owen, Pelz, Quigley, Snyder, Sutherland, Williams, and Wojahn.
Passed to Committee on Rules for second reading.
MOTION
At 11:55 a.m., on motion of Senator Jesernig, the Senate recessed until 1:45 p.m.
The Senate was called to order at 2:06 p.m. by President Pritchard.
There being no objection, the President advanced the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
April 12, 1993
MR. PRESIDENT:
The Speaker has signed SUBSTITUTE HOUSE BILL NO. 1119, and the same is herewith transmitted.
ALAN THOMPSON, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1119.
There being no objection, the President advanced the Senate to the sixth order of business.
MOTION
On motion of Senator Spanel, Senator Rinehart was excused.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1818, by House Committee on Appropriations (originally sponsored by Representatives Karahalios, Sehlin, R. Meyers, Schmidt, Peery, Wood, Zellinsky, Edmondson, Stevens, Schoesler, Flemming, Mielke, Thomas, Foreman, Eide, Campbell, Pruitt, Holm and Talcott)
Providing for military dependent communities.
The bill was read the second time.
MOTIONS
On motion of Senator Sheldon, the following Committee on Trade, Technology and Economic Development amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that military base expansions, closures, and defense procurement contract cancellations may have extreme economic impacts on communities and firms. The legislature began to address this concern in 1990 by establishing the community diversification program in the department of community development. While this program has helped military dependent communities begin the long road to diversification, base expansions or closures or major procurement contract reductions in the near future will find these communities unable to respond adequately, endangering the health, safety, and welfare of the community. The legislature intends to target emergency state assistance to military dependent communities significantly impacted by defense spending. The emergency state assistance and the long-term strategy should be driven by the impacted community and consistent with the state plan for diversification required under RCW 43.63A.450(4).
NEW SECTION. Sec. 2. A new section is added to chapter 43.06 RCW to read as follows:
(1) The governor may, by executive order, after consultation with the executive-legislative committee on economic development created by chapter ... (Senate Bill No. 5300), Laws of 1993, declare a community to be a "military impacted area." A "military impacted area" means a community or communities, as identified in the executive order, that experience serious social and economic hardships because of a change in defense spending by the federal government in that community or communities.
(2) If the governor executes an order under subsection (1) of this section, the governor shall establish a response team to coordinate state efforts to assist the military impacted community. The response team may include, but not be limited to, one member from each of the following agencies: (a) The department of community development; (b) the department of trade and economic development; (c) the department of social and health services; (d) the employment security department; (e) the state board for community and technical colleges; (f) the higher education coordinating board; (g) the department of transportation; and (h) the Washington energy office. The governor may appoint a response team coordinator. The governor shall seek to actively involve the impacted community or communities in planning and implementing a response to the crisis. The governor may seek input or assistance from the community diversification advisory committee, and the governor may establish task forces in the community or communities to assist in the coordination and delivery of services to the local community. The state and community response shall consider economic development, human service, and training needs of the community or communities impacted.
(3) The governor shall report at the beginning of the next legislative session to the legislature and the executive-legislative committee on economic development created by chapter ... (Senate Bill No. 5300), Laws of 1993, as to the designation of a military impacted area. The report shall include recommendations regarding whether a military impacted area should become eligible for (a) funding provided by the community economic revitalization board, public facilities construction loan revolving account, Washington state development loan fund, basic health plan, the public works assistance account, department of trade and economic development, employment security department, and department of transportation; (b) training for dislocated defense workers; or (c) services for dislocated defense workers."
On motion of Senator Sheldon, the following title amendment was adopted:
On page 1, line 1 of the title, after "communities;" strike the remainder of the title and insert "adding a new section to chapter 43.06 RCW; and creating a new section."
MOTION
On motion of Senator Sheldon, the rules were suspended, Engrossed Substitute House Bill No. 1818, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1818, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1818, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, Williams, Winsley and Wojahn - 46.
Absent: Senators Vognild and West - 2.
Excused: Senator Rinehart - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1818, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 1569, deferred April 12, 1993, after several amendments were considered but not adopted.
MOTIONS
On motion of Senator Adam Smith, the following amendment was adopted:
On page 5, beginning on line 21, strike all of section 4
Renumber the remaining sections consecutively and correct any internal references accordingly.
On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, beginning on line 1 of the title, after "9A.36.080" strike "and 13.40.0357"
MOTION
On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute House Bill No. 1569, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1569, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1569, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Niemi, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 29.
Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hargrove, Hochstatter, McCaslin, McDonald, Nelson, Newhouse, Oke, Owen, Roach, Sellar, Smith, L., von Reichbauer and West - 20.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1569, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1911, by Representatives Zellinsky, Reams and H. Myers
Regulating fire protection districts in newly incorporated cities and towns.
The bill was read the second time.
MOTIONS
Senator Haugen moved that the following Committee on Government Operations amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 52.04 RCW to read as follows:
If the area of a newly incorporated city or town is located in one or more fire protection districts, the city or town is deemed to have been annexed by the fire protection district or districts effective immediately on the city's or town's official date of incorporation, unless the city or town council adopts a resolution during the interim transition period precluding the annexation of the newly incorporated city or town by the fire protection district or districts. The newly incorporated city or town shall remain annexed to the fire protection district or districts for the remainder of the year of the city's or town's official date of incorporation, or through the following year if such extension is approved by resolution adopted by the city or town council and by the board or boards of fire commissioners, and shall be withdrawn from the fire protection district or districts at the end of this period, unless a ballot proposition is adopted by the voters pursuant to RCW 52.04.071 providing for annexation of the city or town to a fire protection district.
If the city or town is withdrawn from the fire protection district or districts, the maximum rate of the first property tax levy that is imposed by the city or town after the withdrawal is calculated as if the city or town never had been annexed by the fire protection district or districts.
Sec. 2. RCW 52.08.025 and 1986 c 234 s 35 are each amended to read as follows:
Effective January 1, 1960, every city or town, or portion thereof, which is situated within the boundaries of a fire protection district shall become automatically removed from such fire protection district, and no fire protection district shall thereafter include any city or town, or portion thereof, within its boundaries except as provided for in RCW 52.02.020, 52.04.061, 52.04.071, 52.04.081, ((and)) 52.04.101, and section 1 of this act.
However, if the area which incorporates or is annexed includes all of a fire protection district, the fire protection district, for purposes of imposing regular property taxes, shall continue in existence: (1)(a) Until the first day of January in the year in which the initial property tax collections of the newly incorporated city or town will be made, if a resolution is adopted under section 1 of this act precluding annexation of the city or town to the district; (b) until the city or town is withdrawn from the fire protection district, if no such resolution is adopted and no ballot proposition under section 1 of this act is approved; or (c) indefinitely, if such a ballot proposition is approved; or (2) until the first day of January in the year the annexing city or town will collect its property taxes imposed on the newly annexed area. The members of the city or town council or commission shall act as the board of commissioners to impose, receive, and expend these property taxes.
Sec. 3. RCW 35.02.190 and 1989 c 76 s 2 are each amended to read as follows:
If a portion of a fire protection district including at least sixty percent of the assessed valuation of the real property of the district is annexed to or incorporated into a city or town, ownership of all of the assets of the district shall be vested in the city or town, or, if the city or town has been annexed by another fire protection district, in the other fire protection district, upon payment in cash, properties or contracts for fire protection services to the district within one year of the date on which the city or town withdraws from the fire protection district pursuant to section 1 of this act, of a percentage of the value of said assets equal to the percentage of the value of the real property in entire district remaining outside the incorporated or annexed area. The fire protection district may elect, by a vote of a majority of the persons residing outside the annexed or incorporated area who vote on the proposition, to require the annexing or incorporating city or town or fire protection district to assume responsibility for the provision of fire protection, and for the operation and maintenance of the district's property, facilities, and equipment throughout the district and to pay the city or town or fire protection district a reasonable fee for such fire protection, operation, and maintenance.
If all of a fire protection district is included in an area that incorporates as a city or town or is annexed to a city or town or fire protection district, all of the assets and liabilities of the fire protection district shall be transferred to the newly incorporated city or town ((upon its official date of incorporation)) on the date on which the fire protection district ceases to provide fire protection services pursuant to section 1 of this act or to the city or town or fire protection district upon the annexation.
Sec. 4. RCW 35.02.205 and 1989 c 267 s 3 are each amended to read as follows:
(1) A distribution of assets from the fire protection district to the city or town shall occur as provided in this section upon the annexation or, in the case of an incorporation, on the date on which the city or town withdraws from the fire protection district pursuant to section 1 of this act, of an area by the city or town that constitutes less than five percent of the area of the fire protection district upon the adoption of a resolution by the city or town finding that the annexation or incorporation will impose a significant increase in the fire suppression responsibilities of the city or town with a corresponding reduction in fire suppression responsibilities by the fire protection district. Such a resolution must be adopted within sixty days of the effective date of the annexation, or within sixty days of the official date of incorporation of the city. If the fire protection district does not concur in the finding within sixty days of when a copy of the resolution is submitted to the board of commissioners, arbitration shall proceed under subsection (3) of this section over this issue.
(2) An agreement on the distribution of assets from the fire protection district to the city or town shall be entered into by the city or town and the fire protection district within ninety days of the concurrence by the fire protection district under subsection (1) of this section, or within ninety days of a decision by the arbitrators under subsection (3) of this section that a significant increase in the fire protection responsibilities will be imposed upon the city or town as a result of the incorporation or annexation. A distribution shall be based upon the extent of the increased fire suppression responsibilities with a corresponding reduction in fire suppression responsibilities by the fire protection district, and shall consider the impact of any debt obligation that may exist on the property that is so annexed or incorporated. If an agreement is not entered into after this ninety-day period, arbitration shall proceed under subsection (3) of this section concerning this issue unless both parties have agreed to an extension of this period.
(3) Arbitration shall proceed under this subsection over the issue of whether a significant increase in the fire protection responsibilities will be imposed upon the city or town as a result of the annexation or incorporation with a corresponding reduction in fire suppression responsibilities by the fire protection district, or over the distribution of assets from the fire protection district to the city or town if such a significant increase in fire protection responsibilities will be imposed. A board of arbitrators shall be established for an arbitration that is required under this section. The board of arbitrators shall consist of three persons, one of whom is appointed by the city or town within sixty days of the date when arbitration is required, one of whom is appointed by the fire protection district within sixty days of the date when arbitration is required, and one of whom is appointed by agreement of the other two arbitrators within thirty days of the appointment of the last of these other two arbitrators who is so appointed. If the two are unable to agree on the appointment of the third arbitrator within this thirty-day period, then the third arbitrator shall be appointed by a judge in the superior court of the county within which all or the greatest portion of the area that was so annexed or incorporated lies. The determination by the board of arbitrators shall be binding on both the city or town and the fire protection district."
On motion of Senator McCaslin, the following amendment by Senators McCaslin and Haugen to the Committee on Government Operations amendment was adopted:
On page 3, line 2 of the amendment, after "maintenance." insert "When at least sixty percent, but less than one hundred percent, valuation of the real estate of a district is annexed to or incorporated into a city or town, a proportionate share of the liabilities of the district at the time of such annexation or incorporation, equal to the percentage of the total assessed valuation of the real estate of the district that has been annexed or incorporated, shall be transferred to the annexing or incorporating city or town."
The President declared the question before the Senate to be the adoption of the Committee on Government Operations striking amendment, as amended, to House Bill No. 1911.
The Committee on Government Operations striking amendment, as amended, to House Bill No. 1911 was adopted.
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 2 of the title, after "towns;" strike the remainder of the title and insert "amending RCW 52.08.025, 35.02.190, and 35.02.205; and adding a new section to chapter 52.04 RCW."
On motion of Senator Haugen, the rules were suspended, House Bill No. 1911, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Oke, Senator Deccio was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1911, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1911, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Deccio - 1.
HOUSE BILL NO. 1911, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Oke, Senator Moyer was excused.
SECOND READING
ENGROSSED HOUSE BILL NO. 1081, by Representatives Heavey and Eide
Redefining uniformed personnel for public employee collective bargaining.
The bill was read the second time.
MOTIONS
Senator Moore moved that the following Committee on Labor and Commerce amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.56.030 and 1992 c 36 s 2 and 1991 c 363 s 119 are each reenacted and amended to read as follows:
As used in this chapter:
(1) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of any public body governed by this chapter as designated by RCW 41.56.020, or any subdivision of such public body. For the purposes of this section, the public employer of district court or superior court employees for wage-related matters is the respective county legislative authority, or person or body acting on behalf of the legislative authority, and the public employer for nonwage-related matters is the judge or judge's designee of the respective district court or superior court.
(2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (d) who is a personal assistant to a district court judge, superior court judge, or court commissioner. For the purpose of (d) of this subsection, no more than one assistant for each judge or commissioner may be excluded from a bargaining unit.
(3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.
(4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter. In the case of the Washington state patrol, "collective bargaining" shall not include wages and wage-related matters.
(5) "Commission" means the public employment relations commission.
(6) "Executive director" means the executive director of the commission.
(7)(a) Until July 1, 1995, "uniformed personnel" means (((a))): (i) Law enforcement officers as defined in RCW 41.26.030 ((as now or hereafter amended,)) of cities with a population of fifteen thousand or more or law enforcement officers employed by the governing body of any county with a population of seventy thousand or more((, or (b))); (ii) fire fighters as that term is defined in RCW 41.26.030((, as now or hereafter amended)); (iii) security forces established under RCW 43.52.520; (iv) employees of a port district in a county with a population of one million or more whose duties include crash fire rescue or other fire fighting duties; (v) employees of fire departments of public employers who dispatch exclusively either fire or emergency medical services, or both; or (vi) employees in the several classes of advanced life support technicians, as defined in RCW 18.71.200, who are employed by a public employer.
(b) Beginning on July 1, 1995, "uniformed personnel" means: (i) Law enforcement officers as defined in RCW 41.26.030 employed by the governing body of any city or town with a population of seven thousand five hundred or more and law enforcement officers employed by the governing body of any county with a population of thirty-five thousand or more; (ii) general authority Washington peace officers as defined in RCW 10.93.020 employed by a port district in a county with a population of one million or more; (iii) security forces established under RCW 43.52.520; (iv) fire fighters as that term is defined in RCW 41.26.030; (v) employees of a port district in a county with a population of one million or more whose duties include crash fire rescue or other fire fighting duties; (vi) employees of fire departments of public employers who dispatch exclusively either fire or emergency medical services, or both; or (vii) employees in the several classes of advanced life support technicians, as defined in RCW 18.71.200, who are employed by a public employer.
Sec. 2. RCW 41.56.460 and 1988 c 110 s 1 are each amended to read as follows:
In making its determination, the panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430 and as additional standards or guidelines to aid it in reaching a decision, it shall take into consideration the following factors:
(a) The constitutional and statutory authority of the employer;
(b) Stipulations of the parties;
(c)(i) For employees listed in RCW 41.56.030(7)(a) (i), (iii), and 41.56.495, comparison of the wages, hours and conditions of employment of personnel involved in the proceedings with the wages, hours, and conditions of employment of like personnel of like employers of similar size on the west coast of the United States;
(ii) For employees listed in RCW 41.56.030(7)(((b)))(a)(ii) and (iv) through (vi), comparison of the wages, hours, and conditions of employment of personnel involved in the proceedings with the wages, hours, and conditions of employment of like personnel of public fire departments of similar size on the west coast of the United States. However, when an adequate number of comparable employers exists within the state of Washington, other west coast employers shall not be considered;
(d) The average consumer prices for goods and services, commonly known as the cost of living;
(e) Changes in any of the foregoing circumstances during the pendency of the proceedings; and
(f) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment.
NEW SECTION. Sec. 3. A new section is added to chapter 41.56 RCW to read as follows:
In making its determination, the panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430 and, as additional standards or guidelines to aid it in reaching a decision, it shall take into consideration the following factors:
(1) The constitutional and statutory authority of the employer;
(2) Stipulations of the parties;
(3)(a) For employees listed in RCW 41.56.030(7)(b)(i) through (iii), comparison of the wages, hours, and conditions of employment of personnel involved in the proceedings with the wages, hours, and conditions of employment of like personnel of like employers of similar size on the west coast of the United States;
(b) For employees listed in RCW 41.56.030(7)(b)(iv) through (vii), comparison of the wages, hours, and conditions of employment of personnel involved in the proceedings with the wages, hours, and conditions of employment of like personnel of public fire departments of similar size on the west coast of the United States. However, when an adequate number of comparable employers exists within the state of Washington, other west coast employers may not be considered;
(4) The average consumer prices for goods and services, commonly known as the cost of living;
(5) Changes in any of the circumstances under subsection (1) through (4) of this section during the pendency of the proceedings; and
(6) Such other factors, not confined to the factors under subsection (1) through (5) of this section, that are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment. For those employees listed in RCW 41.56.030(7)(b)(i) who are employed by the governing body of a city or town with a population of less than fifteen thousand, or a county with a population of less than seventy thousand, consideration must also be given to regional differences in the cost of living.
Sec. 4. RCW 41.56.123 and 1989 c 46 s 1 are each amended to read as follows:
(1) After the termination date of a collective bargaining agreement, all of the terms and conditions specified in the collective bargaining agreement shall remain in effect until the effective date of a subsequent agreement, not to exceed one year from the termination date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.
(2) This section does not apply to provisions of a collective bargaining agreement which both parties agree to exclude from the provisions of subsection (1) of this section and to provisions within the collective bargaining agreement with separate and specific termination dates.
(3) This section shall not apply to the following:
(a) Bargaining units covered by RCW 41.56.430 et seq. for factfinding and interest arbitration;
(b) Collective bargaining agreements authorized by chapter 53.18 RCW; or
(c) ((Security forces established under RCW 43.52.520; or
(d))) Collective bargaining agreements authorized by chapter 54.04 RCW.
(4) This section shall not apply to collective bargaining agreements in effect or being bargained on July 23, 1989.
NEW SECTION. Sec. 5. RCW 41.56.460 and 1988 c 110 s 1, 1987 c 521 s 2, 1983 c 287 s 4, 1979 ex.s. c 184 s 3, and 1973 c 131 s 5 are each repealed.
NEW SECTION. Sec. 6. RCW 41.56.495 and 1988 c 110 s 3 & 1985 c 150 s 1 are each repealed.
NEW SECTION. Sec. 7. (1) Sections 3 and 5 of this act shall take effect July 1, 1995.
(2) Sections 1, 2, 4, and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On motion of Senator Moore, the following amendment by Senator Moore to the Committee on Labor and Commerce amendment was adopted:
On page 3, line 12 of the amendment, after "in" strike "RCW 41.56.030(7)(a) (i), (iii), and 41.56.495" and insert "RCW 41.56.030(7)(a) ((and 41.56.495)) (i) and (iii)"
The President declared the question before the Senate to be the adoption of the Committee on Labor and Commerce striking amendment, as amended, to Engrossed House Bill No. 1081.
The Committee on Labor and Commerce striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Moore, the following title amendment was adopted:
On page 1, line 1 of the title, after "bargaining;" strike the remainder of the title and insert "amending RCW 41.56.460 and 41.56.123; reenacting and amending RCW 41.56.030; adding a new section to chapter 41.56 RCW; repealing RCW 41.56.460 and 41.56.495; providing an effective date; and declaring an emergency."
On motion of Senator Moore, the rules were suspended, Engrossed House Bill No. 1081, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1081, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1081, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, McAuliffe, Moore, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 32.
Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Hochstatter, Loveland, McCaslin, McDonald, Nelson, Newhouse, Prince, Sellar, Smith, L. and West - 16.
Excused: Senator Moyer - 1.
ENGROSSED HOUSE BILL NO. 1081, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Spanel, Senator Talmadge was excused.
STATEMENT FOR THE JOURNAL
Due to the conference committee on health care reform, I missed the votes on House Bill No. 1993; House Bill No. 1263; House Bill No. 1355; Engrossed House Bill No. 1067, as amended by the Senate; Engrossed House Bill No. 1456, as amended by the Senate; Substitute House Bill No. 1063; Substitute House Bill No. 1169, as amended by the Senate; Engrossed Substitute House Bill No. 1922, as amended by the Senate; Substitute House Bill No. 1948, as amended by the Senate; House Bill No. 1111, Substitute House Bill No. 1144; House Bill No. 1142; Substitute House Bill No. 1350, as amended by the Senate; and the voice vote on Senate Concurrent Resolution No. 8409.
I would have voted 'yes' on each bill.
SENATOR PHIL TALMADGE, 34th District
SECOND READING
HOUSE BILL NO. 1993, by Representatives Finkbeiner, Jacobsen, Quall, Wood, Brumsickle, Ogden, Basich, Dellwo and Miller
Making technical amendments to the future teachers and the health professionals conditional scholarship programs to continue existing repayment regulations.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, House Bill No. 1993 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1993.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1993 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 44.
Voting nay: Senators Cantu, Deccio and Hochstatter - 3.
Excused: Senators Moyer and Talmadge - 2.
HOUSE BILL NO. 1993, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1263, by Representatives R. Fisher, Schmidt, R. Meyers and Zellinsky
Specifying testing for state patrol promotion.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, House Bill No. 1263 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1263.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1263 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Absent: Senator Rinehart - 1.
Excused: Senators Moyer and Talmadge - 2.
HOUSE BILL NO. 1263, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Spanel, Senator Niemi was excused.
SECOND READING
HOUSE BILL NO. 1355, by Representatives R. Fisher, Brough, R. Meyers, Edmondson, H. Myers and Van Luven
Increasing nonvoter-approved debt limit for metropolitan park districts.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, House Bill No. 1355 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1355.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1355 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 9; Absent, 0; Excused, 3.
Voting yea: Senators Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 37.
Voting nay: Senators Amondson, Anderson, Erwin, Haugen, McDonald, Roach, Sellar, Smith, L. and West - 9.
Excused: Senators Moyer, Niemi and Talmadge - 3.
HOUSE BILL NO. 1355, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1067, by Representatives Orr, Mielke, Dellwo, King, Franklin, Ludwig, Riley, Brown, Jones, Holm, Chappell, Pruitt and J. Kohl
Providing for correctional employees collective bargaining.
The bill was read the second time.
MOTIONS
On motion of Senator Moore, the following Committee on Labor and Commerce amendments were considered simultaneously and were adopted:
On page 2, beginning on line 34, after "employed" strike all material through "or" on line 35
On page 2, line 38, after "in the" strike "facility or"
On motion of Senator Moore, the rules were suspended, Engrossed House Bill No. 1067, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1067, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1067, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 16; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, McAuliffe, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 30.
Voting nay: Senators Anderson, Barr, Bluechel, Cantu, Deccio, Hochstatter, Loveland, McCaslin, McDonald, Nelson, Newhouse, Oke, Prince, Sellar, Smith, L. and West - 16.
Excused: Senators Moyer, Niemi and Talmadge - 3.
ENGROSSED HOUSE BILL NO. 1067, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1456, by Representatives King, G. Cole, Lisk, R. Johnson, Horn, Foreman, Sheahan and Chandler
Allowing self-insured employers to close disability claims after July 1990.
The bill was read the second time.
MOTIONS
On motion of Senator Moore, the following amendment was adopted:
On page 2, line 34, after "record" insert "at his previous job or at a job that has comparable wages, benefits and permanency"
On motion of Moore, the rules were suspended, Engrossed House Bill No. 1456, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Oke, Senator Linda Smith was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1456, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1456, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.
Excused: Senators Moyer, Niemi, Smith, L. and Talmadge - 4.
ENGROSSED HOUSE BILL NO. 1456, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1063, by House Committee on Agriculture and Rural Development (originally sponsored by Representatives Rayburn, Chandler, Chappell, Grant, Roland, Ludwig, Riley, Padden, Hansen, Lemmon and Lisk)
Modifying provisions regarding the Washington wine commission.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 1063 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1063.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1063 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.
Excused: Senators Moyer, Niemi, Smith, L. and Talmadge - 4.
SUBSTITUTE HOUSE BILL NO. 1063, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209, by House Committee on Education (originally sponsored by Representatives Peery, Ballard, Dorn, Jones, Brough, R. Meyers, Cothern, Sheldon, Brumsickle, Roland, Eide, Holm, Jacobsen, Thomas, J. Kohl, Ogden, Franklin, G. Cole, Veloria, Wang, H. Myers, Horn, Scott, Karahalios, L. Johnson, Thibaudeau, Wolfe, Leonard, Locke, Basich, Orr, Kessler, Campbell, Linville, Pruitt and Wineberry) (by request of Council on Education Reform and Funding)
Reforming education.
The bill was read the second time.
MOTIONS
Senator Pelz moved that the following Committee on Education amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. This act may be known and cited as the performance-based education act.
NEW SECTION. Sec. 2. (1)(a) The mission of Washington's K-12 education system is to enable people to be responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive lives. To these ends, schools, together with parents and communities, shall strive to help all students develop the knowledge, skills, and attributes essential to function effectively and lead successful lives. Although schools, parents, and communities shall strive together in this mission, the legislature still believes that the primary functions of school and home differ: Ideally, school is where children learn to learn; home is where they learn to live.
(b) This mission is based on the recognition that our education system needs to keep pace with societal changes, changes in workplace environments, and an ever-changing international community. Finally, the mission recognizes that the education must be improved to prepare students better to meet the challenges of their future, including acquisition of certain skills and knowledge and the ability to act on information and conclusions once they have assimilated and analyzed information.
(c) This mission can be accomplished through a restructured system of world-class, performance-based education requiring all the elements in chapter . . ., Laws of 1993 (this act).
(2) For all parents, greater involvement in their child's education is critical to their child's success. It is the intent of chapter . . ., Laws of 1993 (this act) that parents be primary partners in the education of their children. Parents should also play a significant role in local school decision making affecting instruction at the school level.
(3) Creating a performance-based education system will require different ways of making decisions and completing work. Additional improvements envisioned will be brought about through different practices at the local level. Collaboration among parents, students, educators, community members, and elected officials will become a strong part of everyday effort. All systems and programs will be focused on what is best for increasing student achievement. In addition to a focused mission, other areas of paramount concern in school shall be the maintenance of order; the spending of time on the tasks; and maintenance of high expectations for all students. The purpose is to strive to help all students master the essential learning requirements.
(4) It is the intent of the legislature that all children will have the opportunity to achieve at significantly higher levels. This will require setting high expectations for all students. For all students, learning shall be the constant. Time spent on learning and gaining competence shall be the variable. The education system, from the schoolhouse to the state house, must be responsible and accountable to citizens for meeting specific goals and outcomes.
(5) Students will learn more when:
(a) Each student exercises fully his or her share of the responsibility for his or her educational experience and performance, given positive support from parents and community, and instructional guidance from the schools;
(b) Parents take more responsibility for their child's education;
(c) Businesses assume greater responsibility for supporting schools; and
(d) Educators take responsibility for meeting the diverse educational needs of all students.
(6) It is the intent of the legislature to provide students the opportunity for an ample educational experience and an educational environment that fosters mutually respectful interactions in an atmosphere of collaboration and cooperation, and in which students develop awareness, understanding, and sensitivity to differences among people, including but not limited to gender, race, color, national origin, and religion.
(7)(a) It is the intent of the legislature that any student, from those at-risk to students who may be developmentally delayed or disabled, who is having difficulty meeting the student learning goals under section 202 of this act be provided with instructional opportunities to help him or her meet the goals.
(b) Similarly, in support of subsection (6) of this section, it is the intent of the legislature that any highly capable student who has met or exceeded the student learning goals under section 202 of this act be provided with instructional opportunities to help him or her advance his or her educational experience.
PART I
COMMUNITY SELECTION OF LOCAL EDUCATION PROGRAM
NEW SECTION. Sec. 101. (1) Each school district in the state shall develop educational programs designed to provide each student in the district with the opportunity to achieve the student learning goals under section 202 of this act.
(2) Each school district board of directors may authorize a school or schools in the district to participate in the performance-based education system developed under RCW 28A.630.885, following a public hearing by the school board and adoption of a motion stating the intent and scope of participation. The adopted motion shall require that schools authorized and choosing to participate in the performance-based education system shall administer the tests required under RCW 28A.230.190, 28A.230.230, and 28A.230.240 for at least five school years following the date of first participation in the performance-based system. A copy of the adopted motion shall be transmitted to the superintendent of public instruction by the district board of directors. After a public hearing, the school board may repeal the motion stating the intent and scope of participation and shall transmit a copy of the motion repealing the intent and scope of participation to the superintendent of public instruction.
(3) The state schools for the deaf and blind, pursuant to subsection (2) of this section, may participate in the performance-based education system developed under RCW 28A.630.885 and may apply for grants under section 401 of this act.
(4) Each school district board of directors may adopt procedures to permit parents to remove their children from courses of instruction offered primarily to meet student learning goal number four listed under section 201 of this act.
(5) Nothing under chapter . . ., Laws of 1993 (this act) shall affect the provisions of RCW 28A.230.070(4) that allow students not to participate in AIDS prevention education, and state board of education rules that allow students an excusal from planned instruction in sex education or human sexuality.
(6) For schools not authorized or choosing to participate in the performance-based education system developed under RCW 28A.630.885, sections 501 through 507, chapter 141, Laws of 1992 shall not apply.
PART II
STUDENT LEARNING GOALS
NEW SECTION. Sec. 201. The following student learning goals for Washington's primary and secondary students, as recommended by the governor's council on education reform and funding, are supported by the legislature:
The ultimate goal of Washington's K-12 education system is to enable people to be responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives. To these ends, schools, together with parents and communities, shall help all students develop the knowledge, skills, and attributes essential to:
(1) Communicate effectively and responsibly in a variety of ways and settings;
(2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; arts; humanities; and health and fitness;
(3) Think critically and creatively and integrate experience and knowledge to form reasoned judgments, solve problems, and resolve conflicts;
(4) Function as caring and responsible individuals and contributing members of families, work groups, and communities.
NEW SECTION. Sec. 202. The state board of education shall by rule adopt the final student learning goals in section 201 of this act recommended by the governor's council on education reform and funding. Of these goals, goal two, in section 201(2) of this act, shall be primary. The legislature finds that from achievement of goal two, achievement of the other goals might follow. The legislature finds that students must above all else achieve mastery of knowledge and skills in core areas of reading, writing, speaking, science, history, geography, and mathematics. The legislature also finds that families and communities bear the primary responsibility for seeing that children function as caring and responsible members of families, work groups, and communities. The student learning goals shall be effective for all school districts beginning with the 1993-94 school year. The state board shall review the goals at least once every ten years and update them as necessary. Local school districts may add goals to the student learning goals in section 201 of this act.
NEW SECTION. Sec. 203. It is the intent of the legislature that instruction in the broad subject areas of mathematics, social sciences, physical sciences, life sciences, arts, humanities, and health and fitness identified under student learning goal number two under section 201(2) of this act will continue to be offered in ways that emphasize the importance of these basic areas of knowledge to the future success of students after they graduate.
PART III
COMMISSION ON STUDENT LEARNING
Sec. 301. RCW 28A.630.884 and 1992 c 141 s 201 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.630.884 ((and)), 28A.630.885, and sections 101, 201, 202, 401, 502, 701, 801, 902, 903, 1201, and 1301 of this act.
(1) (("Academic assessment system" or)) "Assessment system" means ((a series of academic examinations and performance-based assessments developed by the commission on student learning to determine if students have mastered the)) methods of assessing student achievement that require demonstration of the essential ((academic)) learning requirements.
(2) "Commission" means the commission on student learning created in RCW 28A.630.885(1).
(3) "Essential ((academic)) learning requirements" means the academic and technical knowledge and skills ((identified by the commission on student learning, as reviewed and amended by the legislature and state board of education, that students are expected to know and be able to do at specified intervals in their schooling. The essential academic learning requirements, at a minimum, shall include knowledge and skills in reading, writing, speaking, science, history, geography, mathematics, and critical thinking)) that students are expected to know and be able to do at specified intervals in their schooling. The essential learning requirements at a minimum shall include knowledge and skills in reading, writing, speaking, science, history, geography, mathematics, and critical thinking.
(4) "Outcome" means an example or indicator of what a student knows or is able to do in relation to a student learning goal.
(5) "Performance-based" or "outcomes-based" education means a system designed to help students achieve specific goals and standards of what students should know and be able to do. The system provides flexibility for students as they proceed toward achieving and demonstrating the goals and standards. Students proceed through a performance-based or outcomes-based system by demonstrating competency.
(6) "Site-based decision making" means an administrative system in which school employees, parents, and others in the community exercise shared decision making on some aspects of school operations.
(7) "Standards" means criterion or an agreed upon level of performance or achievement that are linked to the state-wide student learning goals and that serve as a basis for decision making.
(8) "Student learning goals" means the goals listed under section 201 of this act.
Sec. 302. RCW 28A.630.885 and 1992 c 141 s 202 are each amended to read as follows:
(((2))) (1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify what all students need to know and be able to do based on the final student learning goals ((of the governor's council on education reform and funding, to develop)) adopted by the state board of education under section 202 of this act, cause the further development of student assessment and school accountability systems, and to take other steps necessary to develop a performance-based education system.
(2)(a) The commission shall include three members of the state board of education, three members appointed by the governor before July 1, 1992, and ((three)) five members appointed ((no later than February 1, 1993,)) by the governor elected in the November 1992 election. Three of the five members shall be appointed no later than February 1, 1993, and two of the five members shall be appointed no later than July 1, 1993. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the cultural diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational restructuring, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.
(((3))) (b) The governor shall appoint a chair from the commission members. The governor shall fill vacancies that may occur on the commission except those vacancies determined by the state board of education.
(c) The commission shall begin its substantive work subject to ((subsection (1) of this section)) section 202(1), chapter 1, Laws of 1992.
(((4))) (3) The commission shall establish technical advisory committees. Membership of the technical advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.
(((5))) (4) The commission, with the assistance of ((the)) any technical advisory committees, shall:
(a) ((Identify what all elementary and secondary students need to know and be able to do. At a minimum, these)) Develop essential ((academic)) learning requirements ((shall include reading, writing, speaking, science, history, geography, mathematics, and critical thinking. In developing these essential academic learning requirements, the commission shall incorporate the student learning goals identified by the council on education reform and funding)) based on the student learning goals adopted by the state board of education under section 202 of this act. These requirements shall be implemented through the development of performance standards. The essential learning requirements and standards shall not be less than world class so that Washington, its students, and its businesses might more effectively and continuously compete in the world market. "World class standards" means standards set at levels that will enable Washington's students to compete successfully with students throughout the world. In developing essential learning requirements and standards, the commission shall give effect to the legislature's intent (i) that student learning goal two is primary to the other goals; and (ii) that students must achieve world class knowledge and skills in core areas of reading, writing, speaking, science, history, geography, and mathematics. In developing the performance standards and assessment systems under this section, the commission shall consider the experiences and information from local districts and schools that are already involved in these areas;
(b) By December 1, 1995, present to the state board of education and superintendent of public instruction a state-wide ((academic)) assessment system for use in the elementary grades designed to determine if each student has mastered the essential ((academic)) learning requirements identified in (a) of this subsection. The ((academic)) assessment system shall include a variety of methodologies, including performance-based measures that are criterion-referenced. The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who do not master the essential ((academic)) learning requirements. Mastery of each component of the essential ((academic)) learning requirements shall be required before students progress in subsequent components of the essential ((academic)) learning requirements. The state board of education and superintendent of public instruction shall implement the elementary ((academic)) assessment system beginning in the 1996-97 school year, if completed and for public schools choosing to participate, unless the legislature takes action to delay or prevent implementation of the assessment system and essential ((academic)) learning requirements. The state board of education and superintendent of public instruction ((may)) shall review and modify the ((academic)) assessment system, as needed, in subsequent school years;
(c) By December 1, 1996, present to the state board of education and superintendent of public instruction a state-wide ((academic)) assessment system for use in the secondary grades designed to determine if each student has mastered the essential ((academic)) learning requirements identified for secondary students in (a) of this subsection. The ((academic)) assessment system shall use a variety of methodologies, including performance-based measures, to determine if students have mastered the essential ((academic)) learning requirements, and shall lead to a certificate of mastery at about age sixteen. The certificate of mastery shall be required for graduation but shall be based only on student learning goals one through three in section 201 of this act. The assessment system shall be designed so that the results are used by educators to evaluate instructional practices, and to initiate appropriate educational support for students who do not master the essential ((academic)) learning requirements. The commission shall recommend to the state board of education whether the certificate of mastery should take the place of the graduation requirements ((or be required for graduation in addition to graduation requirements)). The state board of education and superintendent of public instruction shall implement the secondary ((academic)) assessment system beginning in the 1997-98 school year, if completed and for public schools choosing to participate, unless the legislature takes action to delay or prevent implementation of the assessment system and essential ((academic)) learning requirements. The state board of education and superintendent of public instruction ((may)) shall review and modify the assessment system, as needed, in subsequent school years;
(d) Consider methods to address the unique needs of special education students and students who have demonstrated gaps in learning based on students' racial and ethnic minority status when developing the assessments in (b) and (c) of this subsection;
(e) ((Develop strategies that will assist educators in helping students master the essential academic learning requirements;
(f) Establish a center the primary role of which is to plan, implement, and evaluate a high quality professional development process. The quality schools center shall: Have an advisory council composed of educators, parents, and community and business leaders; use best practices research regarding instruction, management, curriculum development, and assessment; coordinate its activities with the office of the superintendent of public instruction and the state board of education; employ and contract with individuals who have a commitment to quality reform; prepare a six-year plan to be updated every two years; and be able to accept resources and funding from private and public sources;
(g) Develop recommendations for the repeal or amendment of federal, state, and local laws, rules, budgetary language, regulations, and other factors that inhibit schools from adopting strategies designed to help students achieve the essential academic learning requirements;
(h))) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential ((academic)) learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the elementary and secondary ((academic)) assessment systems during the 1995-97 biennium and beyond;
(((i))) (f) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements that ((would assist schools in adopting strategies designed to help students achieve the essential academic learning requirements)) are consistent with a performance-based education system;
(((j))) (g) By December 1, 1996, recommend to the legislature, state board of education, and superintendent of public instruction a state-wide accountability system to evaluate accurately and fairly the level of learning occurring in individual schools and school districts((. The commission also shall recommend to the legislature steps that should be taken to assist school districts and schools in which learning is significantly below expected levels of performance as measured by the academic assessment systems established under this section));
(((k))) (h) Report annually by December 1st to the governor and the legislature ((and the state board of education)) on the progress, findings, and recommendations of the commission; and
(((l))) (i) Complete other tasks, as appropriate.
(((6))) (5) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.
(((7))) (6) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.
(((8))) (7) The commission shall select an entity to provide staff support and the office of ((financial management shall contract with that entity)) the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission on student learning. The superintendent shall report annually to the commission on student learning on the activities of the superintendent's office of educational restructuring, research, and technical assistance under RCW 28A.300.130. The commission may direct the ((office of financial management)) superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.
(((9))) (8) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
PART IV
PLANNING AND TIME FOR RESTRUCTURING
NEW SECTION. Sec. 401. (1) From appropriated funds, beginning with the 1994-95 school year, the office of the superintendent of public instruction shall provide staff development program grants, to the extent funds are appropriated, to local districts to provide state-funded certificated instructional staff, state-funded classified staff with instructional responsibilities, and state-funded classified secretarial staff in each school in the district with the equivalent of an average of five additional days beyond the student school calendar year. These nonstudent days shall be used by schools for staff development, planning, and implementation activities as local districts and schools move toward a performance-based education program.
(2) The compensation for these days shall be at the regular salary rates and shall constitute supplemental compensation under RCW 28A.400.200(4).
(3) The staff development program grants shall be for school building activities related to planning, curriculum development, instructional strategies, assessment, evaluation, the use of technology, and other approaches to restructuring. The funds may be used by schools to shift to school-based decision making.
(4)(a) To be eligible for staff development program grants beginning in fiscal year 1994-95, districts shall submit to the state board of education, school building applications to develop broad-based strategic restructuring plans. The applications shall be submitted under the provisions of RCW 28A.305.140(1). Grants shall be renewed on the same basis as waivers are provided under RCW 28A.305.140(2).
(b) The building plan shall involve broad participation. In addition to the provisions of RCW 28A.305.140(1), the plan shall include: Performance-based assessment, evaluation, and in-service in cultural diversity, including how to work with diverse populations. The plan may contain elements including but not limited to technology, curriculum development, and continuous quality improvement.
(5) The school site council shall authorize the building plan and submit it to the school board.
(6) The school board shall conduct at least one public hearing on the building restructuring plans before the board votes to approve the plans and before the district files an application with the state for a staff development grant. Boards may hear more than one proposed plan at a hearing and may approve more than one plan at a hearing.
NEW SECTION. Sec. 402. A new section is added to chapter 28A.240 RCW to read as follows:
(1) To be eligible for grants under section 401 of this act, a school district board of directors shall adopt a policy authorizing school site-based councils.
(2) The policy adopted by a school district board of directors shall include but is not limited to:
(a) Procedures for forming a school site-based council and official recognition of the council by the district;
(b) Membership of the school site-based council including parents, staff, community members, and age-appropriate students. Existing organizations may be used to form the school site-based council;
(c) Designation of activities with which school site-based councils may become involved, including management, budget, personnel, and program decisions affecting instruction at the school level;
(d) Delegation of authority to school site-based councils to adopt their own bylaws and charters; and
(e) Provisions for educating members of school site-based councils to help all members to become knowledgeable about school funding, educational programs, and options for change.
PART V
LEADERSHIP FOR RESTRUCTURING
NEW SECTION. Sec. 501. (1) The Washington state principal internship support program is created. The purpose of the program is to provide funds to school districts for employees who are in a principal preparation program to complete an internship with a mentor principal.
(2)(a) Beginning in the 1994-95 school year, school districts may participate in the principal internship support program to the extent funds are appropriated.
(b) A principal internship shall consist of a minimum of ninety school days. For internships funded under this program, the state shall provide reimbursement for substitute costs at the daily rate allocated in the omnibus appropriations act for sixty-eight days of instruction and the district shall cover substitute costs for the remainder of the internship. The superintendent of public instruction shall establish procedures, by rule, for a district to receive additional funds to pay for additional substitute costs, if the district would otherwise be unable to participate in the program.
(c) Funds appropriated for the principal internship support program shall be allocated by the superintendent of public instruction to the educational service districts based on the percentage of full-time equivalent public school students enrolled in school districts in each educational service district.
(d) Once principal internship participants have been selected, the educational service districts shall allocate the funds to the appropriate school districts. The funds shall be used to pay for replacement substitute staff while the school district employee is completing the principal internship.
(e) Educational service districts may be reimbursed for costs associated with implementing the program. Reimbursement rates shall be determined by the superintendent of public instruction.
(3) The process for selecting participants in the principal internship support program shall be as follows:
(a) The candidate must be enrolled in a state board of education approved principal preparation program.
(b) The candidate must apply in writing to his or her local school district.
(c) Candidates shall be selected to: (i) Reflect the racial and ethnic diversity of the student population in the educational service district region; and (ii) to the extent practicable, represent an equal number of women and men.
(d) Each school district shall determine which applicants meet its criteria for participation in the principal internship support program and shall notify in writing its educational service district of the school district's selected applicants. When submitting the names of applicants, the school district shall identify a mentor principal for each principal intern applicant.
NEW SECTION. Sec. 502. (1) The state board of education shall appoint a principal internship advisory task force to develop and recommend to the board standards for the principal internship support program.
(2) Colleges, universities, and school districts may establish additional standards.
(3) Principal interns shall complete all the standards in order to complete the internship program successfully.
(4) Task force membership shall include, but is not limited to, persons representing the office of the superintendent of public instruction, principals, school administrators, teachers, school directors, higher education principal preparation programs, and educational service districts. The task force membership shall, to the extent possible, be culturally diverse and gender balanced.
PART VI
MENTOR PROGRAM
Sec. 601. RCW 28A.415.250 and 1991 c 116 s 19 are each amended to read as follows:
The superintendent of public instruction shall adopt rules to establish and operate a teacher assistance program. For the purposes of this section, the terms "mentor teachers," "beginning teachers," and "experienced teachers" may include any person possessing any one of the various certificates issued by the superintendent of public instruction under RCW 28A.410.010. The program shall provide for:
(1) Assistance by mentor teachers who will provide a source of continuing and sustained support to beginning teachers, or experienced teachers, or both, both in and outside the classroom. A mentor teacher may not be involved in evaluations under RCW 28A.405.100 of a teacher who receives assistance from said mentor teacher under the teacher assistance program established under this section. The mentor teachers shall also periodically inform their principals respecting the contents of training sessions and other program activities;
(2) Stipends for mentor teachers and beginning teachers which shall not be deemed compensation for the purposes of salary lid compliance under RCW ((28A.58.095)) 28A.400.200: PROVIDED, That stipends shall not be subject to the continuing contract provisions of this title;
(3) Workshops for the training of mentor and beginning teachers;
(4) The use of substitutes to give mentor teachers, beginning teachers, and experienced teachers opportunities to jointly observe and evaluate teaching situations and to give mentor teachers opportunities to observe and assist beginning and experienced teachers in the classroom;
(5) Mentor teachers who are superior teachers based on their evaluations, pursuant to RCW 28A.405.010 through 28A.405.240, and who hold valid continuing certificates;
(6) Mentor teachers shall be selected by the district. If a bargaining unit, certified pursuant to RCW 41.59.090 exists within the district, classroom teachers representing the bargaining unit shall participate in the mentor teacher selection process; and
(7) Periodic consultation by the superintendent of public instruction or the superintendent's designee with representatives of educational organizations and associations, including educational service districts and public and private institutions of higher education, for the purposes of improving communication and cooperation and program review.
Any district may release a mentor teacher to work full time with beginning or experienced teachers, or both.
NEW SECTION. Sec. 602. A new section is added to chapter 28A.415 RCW to read as follows:
(1) From appropriated funds, the superintendent of public instruction shall establish a pilot program to support the pairing of full-time mentor teachers with experienced teachers who are having difficulties and full-time mentor teachers with beginning teachers under RCW 28A.415.250. The superintendent shall select up to ten districts for the pilot program. At least one of the districts shall be a first class school district having within its boundaries a city with a population of four hundred thousand people or more, if an application to participate is received from such district. The pilot program shall begin the 1993-94 school year and conclude the end of the 1995-96 school year.
(2) The superintendent of public instruction shall submit a report to the legislature by December 31, 1995, with findings about the pilot program and recommendations regarding continuing the program beyond the 1995-96 school year.
(3) The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to implement the pilot program established under subsection (1) of this section.
PART VII
CERTIFICATION REQUIREMENTS
NEW SECTION. Sec. 701. (1) In conducting its study on outcomes-based standards for the approval of educator preparation programs, the state board of education shall assure that the adoption of new program approval standards are consistent with and support the establishment of a performance-based education system under the provisions of chapter . . ., Laws of 1993 (this act). In addition, the new standards shall ensure that graduates from the preparing institutions of the state are appropriately prepared to enter the performance-based education system, including knowledge and skills to work with culturally diverse students. The new standards shall be adopted not later than the beginning of the 1996-97 school year.
(2) The state board shall report to the governor, the legislature, and the commission on student learning by December 31, 1993, on the progress and any findings of the board's study of outcomes-based program approval standards. When the study is completed, the board shall submit a final report to the governor, the legislature, and the commission on student learning. The final report shall include findings and recommendations regarding the impact of the new standards on the recruitment of culturally diverse candidates to the teaching profession.
(3) The state board shall adopt necessary rules under chapter 34.05 RCW to implement the recommendations of the certification study required under section 104, chapter 141, Laws of 1992.
(4) The superintendent of public instruction and the state board of education shall review the provisions of chapter 28A.690 RCW, interstate agreement on qualifications of educational personnel, and make recommendations as necessary to the legislature and the governor to amend these provisions to be consistent with the new certification requirements to be implemented under subsection (3) of this section.
PART VIII
PARENT AND COMMUNITY INVOLVEMENT
NEW SECTION. Sec. 801. (1) The superintendent of public instruction shall appoint a twelve member parent and community advisory council whose membership shall include a minimum of six parents.
(2) The parent and community advisory council shall advise the state superintendent on:
(a) How to increase parent and citizen involvement in education with a particular focus on reaching parents who have not previously been involved with their children's education;
(b) Identifying obstacles to greater parent and community involvement in school site-based decision making; and
(c) Recommend strategies for helping parents and community members to participate effectively in school site-based decision making, including understanding and respecting the roles of building administrators and staff.
(3) Through the office of educational restructuring, research, and technical assistance under RCW 28A.300.130, the superintendent shall, in consultation with the parent and community advisory council, on a request basis, provide or contract to provide to any school, district, or community, information, technical assistance, or training regarding citizen participation in education, including training to promote the effective participation of parents and community members on school site councils.
PART IX
INCENTIVE AND ASSISTANCE PROGRAM
NEW SECTION. Sec. 901. From appropriated funds, the superintendent of public instruction shall provide incentive grants under section 902 of this act and provide assistance grants under section 903 of this act.
NEW SECTION. Sec. 902. (1) The commission on student learning shall develop an incentive program to provide rewards to schools in which a large percentage of students significantly exceed the essential learning requirements. Each school shall be assessed individually against its own baseline for the incentive program. Data collected for the incentive program shall be collected and analyzed by gender, racial or ethnic background, and socioeconomic status and shall not be used to compare one school against another. Rewards shall be based on the rate of percentage change of students achieving the performance standards. An explicit account shall be taken of the rate of percentage change of special needs and at-risk students achieving the performance standards and the mobility of students.
(2) Staff at each school, in partnership with the school site council, shall decide how to spend the reward.
(3) The incentive program shall be administered by the superintendent of public instruction. The first incentive grants shall be awarded the 1997-98 school year. Incentive grants shall be awarded every two years to eligible schools, to the extent funds are appropriated.
NEW SECTION. Sec. 903. (1) The commission on student learning shall develop an assistance program to provide assistance other than monetary assistance to schools and districts experiencing difficulty in assisting a significant percentage of their students to achieve the essential learning requirements.
(2) The assistance program shall include a process for the superintendent of public instruction to intervene in the operation of districts or schools that dramatically and persistently fail to help students meet the essential learning requirements.
(3) The assistance program shall be administered by the superintendent of public instruction. The first assistance grants shall be awarded the 1997-98 school year. Assistance grants shall be awarded every two years to schools or districts as determined by the state superintendent, to the extent funds are appropriated.
Sec. 904. RCW 28A.300.130 and 1986 c 180 s 1 are each amended to read as follows:
(1) ((Recent and)) Expanding activity in educational research and educational restructuring initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible, including school-based technical assistance coordinated by the office of the superintendent of public instruction. To facilitate access to information and materials on ((education)) educational restructuring and research, the superintendent of public instruction shall ((act as the state clearinghouse for educational information)) establish an office of educational restructuring, research, and technical assistance.
(2) In carrying out this function, the superintendent of public instruction's primary duty shall be to collect, ((screen,)) organize, analyze, synthesize, and disseminate, including technical assistance, information pertaining to the state's ((educational system from preschool through grade twelve, including but not limited to)) common school system. The primary duty to collect and disseminate information is not limited to but shall include information on:
(a) The work and activities of the commission on student learning;
(b) In-state research and development efforts, including restructuring initiatives in Washington schools and districts;
(c) Descriptions of exemplary, model, and innovative programs; and
(d) Related information that can be used in ((developing)) helping schools and districts with restructuring initiatives and developing more effective programs.
(3) The superintendent of public instruction shall maintain a collection of such studies, articles, reports, research findings, ((monographs, bibliographies, directories, curriculum materials, speeches, conference proceedings, legal decisions that are concerned with some aspect of the state's education system,)) and other applicable materials as necessary in order that the office of educational restructuring, research, and technical assistance can provide timely information services and technical assistance to educational staff, students, parents, schools, districts, and other groups or agencies as appropriate. All materials and information shall be considered public documents under chapter 42.17 RCW and the superintendent of public instruction shall furnish copies of educational materials at nominal cost.
(4) The superintendent of public instruction shall coordinate technical assistance and the dissemination of information with the educational service districts ((and shall publish and distribute, on a monthly basis, a newsletter describing current activities and developments in education in the state)). In coordinating technical assistance services, the superintendent shall make every effort to use practitioners to assist both agency staff as well as educators and others in schools and districts.
PART X
COORDINATED SOCIAL AND HEALTH SERVICES
NEW SECTION. Sec. 1001. (1) The purpose of this section is to enhance the quantity, quality, efficiency, and effectiveness of services for children and families in order to enable children to learn while in school.
(2) Beginning with the 1993-94 school year, the office of the superintendent of public instruction, to the extent funds are appropriated, shall allocate funds for pilot programs in up to ten counties or municipalities to meet the needs of children and families better so that children can achieve in school.
(3) Beginning with the 1994-95 school year, the superintendent of public instruction, to the extent funds are appropriated, shall allocate funds annually for state-wide implementation for programs that assist children achieving in school. To qualify for funds, local districts and schools, local service providers, local governments, state agencies, and persons organized for the purpose of designing and providing services for children and families, shall develop plans for enhancing the flexibility, coordination, and responsiveness of the educational, social, and health services for students and families identified as at-risk. Plans shall address the needs of children and families in a county or multicounty area, or in a municipal or multimunicipal area.
(4) The family policy council established in chapter 70.190 RCW shall determine the information that must be included in the plans. At a minimum, plans shall include:
(a) A description of services, funding sources, intended outcomes, and measures to evaluate the programs implemented under the plan;
(b) Agreed upon responsibilities of participating agencies;
(c) Means to accommodate cultural diversity and changes in student populations and to ensure equity, access, and relevance in providing services;
(d) Means to ensure parental involvement in planning and the use of services; and
(e) An identified lead agency to receive state funds allocated for the purposes of this section.
(5) Funds provided for the purposes of subsections (3) and (4) of this section shall be used only for those plans approved by the family policy council. The council shall review local plans by November 1, 1993, and the beginning of every school year thereafter.
(6) The family policy council shall coordinate the provision of technical assistance to local communities for the development of coordinated services for students.
PART XI
TECHNOLOGY
NEW SECTION. Sec. 1101. The legislature recognizes the ongoing necessity for public schools to use up-to-date tools for learning to meet goals for education. To participate successfully in the contemporary workplace, students should be able to use technology and be able to get information electronically. Workplace technology requirements will continue to change and students should learn the new requirements.
Furthermore, the legislature finds that the Washington systemic initiative is a broad-based effort to promote widespread public literacy in mathematics, science, and technology. A critical component of the systemic initiative is the electronic access to information by students. It is the intent of the legislature that components of sections 1102 through 1105 of this act will support the state-wide systemic reform effort in mathematics, science, and technology as planned through the Washington systemic initiative.
NEW SECTION. Sec. 1102. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1101 through 1105 of this act.
(1) "Education technology" means the effective use of electronic tools and electronic pathways in meeting goals established for education.
(2) "Network" means integrated linking of education technology systems in schools for transmission of voice, data, video, or imaging, or a combination of these.
NEW SECTION. Sec. 1103. (1) The superintendent of public instruction may establish an educational technology section, and through that section develop and implement a Washington state technology program, the coordination and development of which shall be consistent with the applicable provisions of chapter 43.105 RCW. The program shall include:
(a) State-wide support to help school districts plan, implement, and educate staff in the use of technology for educational and administrative purposes;
(b) Grants to school districts to help districts integrate technology into the learning process and to connect to the state-wide and national networks for educational purposes;
(c) Development of on-line information services for Washington state, with links to other services. These links shall provide avenues of communication between all levels of education;
(d) Staff support for on-line educational projects involving students throughout the state and nation; and
(e) Expansion of state-wide networks, including educational video teleconferences.
(2) The superintendent of public instruction shall distribute grants, from moneys appropriated for this purpose, to educational service districts for:
(a) Establishing regional educational technology support centers to provide ongoing educator training, school district cost-benefit analysis, long-range planning, network planning, distance learning access support, and other technical and program support. Each educational service district shall establish an advisory council to advise the educational service district about spending the grant moneys; and
(b) Establishing each educational service district as a site for video conferences on the network.
(3) The superintendent of public instruction shall distribute grants, from moneys appropriated for this purpose, to school districts for:
(a) Support for school district personnel to become trainers on state-wide and national networks;
(b) Incentives to encourage school districts to plan for, implement, and evaluate the effective use of technology in the school curriculum; and
(c) Helping schools connect into the state-wide network for curricular purposes. The criteria for selection of schools to receive grants shall be based on schools' readiness to use network services and economic need.
(4) The superintendent of public instruction shall adopt rules requiring local districts to provide a twenty-five percent match of grant funds from other sources. However, the superintendent of public instruction shall adopt rules to waive all or part of the match requirement for districts that can demonstrate, based on the district's relative property tax wealth, that they would not be able to apply for the grant unless all or part of the match requirement was waived. A district capital levy for technology will satisfy the local match requirement under this section.
(5) The superintendent of public instruction shall distribute grants, from moneys appropriated for this purpose, to the Washington school information processing cooperative, for equipment to expand the current state-wide network and to establish a system for video conferences.
NEW SECTION. Sec. 1104. The superintendent of public instruction shall appoint an educational technology advisory committee. The committee shall include, but is not limited to, persons representing: The state board of education, the commission on student learning, educational service districts, school directors, school administrators, school principals, teachers, higher education faculty, parents, students, business, labor, scientists and mathematicians, the higher education coordinating board, the work force training and education coordinating board, the state library, and the department of information services.
The committee shall advise the superintendent of public instruction on the implementation of sections 1101 through 1103 of this act.
NEW SECTION. Sec. 1105. (1) The superintendent of public instruction may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of education technology and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
(2) The education technology fund is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the fund all moneys received from gifts, grants, or endowments for education technology. Moneys in the fund may be spent only for education technology. Disbursements from the fund shall be on authorization of the superintendent of public instruction or the superintendent's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.
PART XII
DEREGULATION
NEW SECTION. Sec. 1201. (1) The superintendent of public instruction and the state board of education shall review all laws pertaining to K-12 public education. Except those laws that protect the health, safety, and civil rights of students and staff, the intent of the review is to justify, modify, and maintain only those laws that support the new performance-based education system for all students.
(2) The superintendent and the state board shall conduct the review in a manner that includes a broad representation of citizens, including parents, students, educators, and others, to assist in the review process.
(3) The superintendent shall determine a specific timetable for the review. Beginning January 1994, and each succeeding January until the review is done, but not later than January 1997, the superintendent shall submit to the governor and legislature a list of all laws reviewed during the preceding year and the laws to be reviewed the next year.
(4) Private schools and parents who home school their children are subject only to those minimum state controls necessary to ensure the health and safety of all students in the state and to ensure that students have a basic educational opportunity. Parents who are home schooling their children under chapter 28A.200 RCW and RCW 28A.225.010(4) and private schools under chapter 28A.195 RCW shall not be subject to:
(a) State-wide student learning goals and essential learning requirements under RCW 28A.150.210 and 28A.630.885(5)(a);
(b) The elementary assessment system under RCW 28A.630.885(5); or
(c) The secondary assessment system, including the certificate of mastery, under RCW 28A.630.885(5)(c).
(5) The review of statutes under subsections (1) and (2) of this section shall be conducted consistent with the exemptions provided under subsection (4) of this section for private schools and parents who home school their children.
Sec. 1202. RCW 28A.225.220 and 1990 1st ex.s. c 9 s 201 are each amended to read as follows:
(1) Any board of directors may make agreements with adults choosing to attend school: PROVIDED, That unless such arrangements are approved by the state superintendent of public instruction, a reasonable tuition charge, fixed by the state superintendent of public instruction, shall be paid by such students as best may be accommodated therein.
(2) A district is strongly encouraged to honor the request of a parent or guardian for his or her child to attend a school in another district.
(3) A district shall release a student to a nonresident district that agrees to accept the student if:
(a) A financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer; or
(b) Attendance at the school in the nonresident district is more accessible to the parent's place of work or to the location of child care; or
(c) There is a special hardship or detrimental condition.
(4) A district may deny the request of a resident student to transfer to a nonresident district if the release of the student would adversely affect the district's existing desegregation plan.
(5) For the purpose of helping a district assess the quality of its education program, a resident school district may request an optional exit interview or questionnaire with the parents or guardians of a child transferring to another district. No parent or guardian may be forced to attend such an interview or complete the questionnaire.
(6) Beginning with the 1993-94 school year, school districts may not establish annual transfer fees or tuition for nonresident students enrolled under subsection (3) of this section and RCW 28A.225.225. ((Until rules are adopted under section 202, chapter 9, Laws of 1990 1st ex. sess. for the calculation of the transfer fee, the transfer fee shall be calculated by the same formula as the fees authorized under section 10, chapter 130, Laws of 1969. These fees, if applied, shall be applied uniformly for all such nonresident students except as provided in this section. The superintendent of public instruction, from available funds, shall pay any transfer fees for low-income students assessed by districts under this section. All transfer fees must be paid over to the county treasurer within thirty days of its collection for the credit of the district in which such students attend.)) Reimbursement of a high school district for cost of educating high school pupils of a nonhigh school district shall not be deemed a transfer fee as affecting the apportionment of current state school funds.
NEW SECTION. Sec. 1203. The superintendent of public instruction shall work with appropriate organizations to ensure that every teacher, district and building administrator, and school director is aware of the waivers available under RCW 28A.305.140 and the broadened school board powers under RCW 28A.320.015.
NEW SECTION. Sec. 1204. (1) A legislative fiscal study committee is hereby created. The committee shall be comprised of two members from each caucus of the senate, appointed by the president of the senate, and two members from each caucus of the house of representatives, appointed by the speaker. In consultation with the office of the superintendent of public instruction, the committee shall study the state operating budget for the common school system and other sections of the budget that have a direct or indirect impact on the common school system.
(2) At a minimum, the study shall include an analysis of all K-12 related appropriations to determine which might be classified as being investments in prevention and which might be classified as remedial expenditures.
(3) By January 16, 1995, the committee shall report to the full legislature on its findings and any recommendations for a new funding model for the common school system.
PART XIII
RESTRUCTURING REPORTS
NEW SECTION. Sec. 1301. (1) Beginning with the 1994-95 school year, each school district shall publish an annual school performance report to the community. The annual report shall be published in a format that can be easily understood and be the basis of informed educational decisions by parents, guardians, and other members of the community who are not professional educators.
(2) Data and descriptive material included in the annual report should enable parents, educators, and school board members to determine whether students in the district's schools are attaining mastery of the student learning goals under section 202 of this act, and other important facts about the schools' performance in assisting students to learn. The annual report shall make comparisons to a school's performance in preceding years and shall project goals in performance categories. As data becomes available it shall include:
(a) The change in the percentage of students, including special education and gifted students, attaining mastery of the student learning goals;
(b) Attendance and completion rates;
(c) The use and condition of school facilities;
(d) The level of satisfaction by the community served by each school; and
(e) A brief description of the strategic restructuring plan for each school.
(3) The office of the superintendent of public instruction shall compile district data and report annually to the governor and the legislature beginning with the 1994-95 school year. The superintendent shall monitor the performance of districts and schools that demonstrate gaps in student learning based on students' gender, racial, and ethnic minority status.
(4) Each school shall have the annual school performance report delivered to the parents or guardians with whom children in attendance at the school reside. In addition to any periodic report concerning an individual student's progress, there shall be included with the annual school performance report an individual student report enabling a parent or guardian to determine whether his or her child is attaining mastery of the essential learning requirements.
Sec. 1302. RCW 28A.300.040 and 1992 c 198 s 6 are each amended to read as follows:
In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:
(1) To have supervision over all matters pertaining to the public schools of the state.
(2) To give an annual address on the state of education in separate presentations to the house of representatives and the senate the week immediately following the second Monday in January.
(3) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools.
(((3))) (4) To prepare and have printed such forms, registers, courses of study, rules and regulations for the government of the common schools, questions prepared for the examination of persons as provided for in RCW 28A.305.130(9), and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents.
(((4))) (5) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials.
(((5))) (6) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules and regulations related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount.
(((6))) (7) To act as ex officio member and the chief executive officer of the state board of education.
(((7))) (8) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to.
(((8))) (9) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct.
(((9))) (10) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state.
(((10))) (11) To issue certificates as provided by law.
(((11))) (12) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education.
(((12))) (13) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction.
(((13))) (14) To administer oaths and affirmations in the discharge of the superintendent's official duties.
(((14))) (15) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office.
(((15))) (16) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025.
(((16))) (17) To perform such other duties as may be required by law.
NEW SECTION. Sec. 1303. (1) There is hereby created a joint select committee on education reform composed of twelve members as follows:
(a) Six members of the senate, three from each of the major caucuses, to be appointed by the president of the senate; and
(b) Six members of the house of representatives, three from each of the major caucuses, to be appointed by the speaker of the house of representatives.
(2) The cochairs shall be designated by the speaker of the house of representatives and the president of the senate.
(3) The staff support shall be provided by the senate committee services and the office of program research as mutually agreed by the cochairs of the joint select committee.
(4) The expenses of the committee members shall be paid by the legislature.
(5) The joint select committee on education reform shall monitor, review, and periodically report upon the enactment and implementation of education reform in Washington both at the state and local level, including the following:
(a) The progress of the commission on student learning in the completion of its tasks as designated by chapter 141, Laws of 1992, or any subsequent legislation relating to education reform;
(b) The progress of the commission on student learning in designing a state-wide assessment system that will accurately measure student mastery of essential academic learning requirements;
(c) The state board of education's implementation of teacher certification requirements that are required by law on the effective date of this section or subsequent to the effective date of this section, and whether such requirements as implemented are actually consistent with higher student achievement envisioned under a performance-based education system;
(d) Whether the shift to a performance-based education system is incurring or will incur resistance, and, if so, why;
(e) The progress and success of the commission on student learning in establishing essential learning requirements that accurately and clearly represent what students should know and be able to do at specified intervals in their schooling;
(f) The progress and success of the commission on student learning, the superintendent of public instruction, the state board of education, the higher education coordinating board, and the state board for community and technical colleges in carrying out such duties and completing tasks as designated by chapter 141, Laws of 1992, by the performance-based education act, chapter . . ., Laws of 1993 (House Bill No. 1209 or Senate Bill No. 5306), and any subsequent legislation relating to education reform;
(g) The percentage and identification of schools that are either authorized to or opt to participate in the performance-based education system under section 101(2) of this act, and whether schools not opting into the system but submitting restructuring plans under section 401 of this act are setting learning standards that are higher or lower than those required in the performance-based system; and
(h) Such other areas as the joint select committee may deem appropriate.
(6) The commission on student learning, the superintendent of public instruction, the state board of education, the higher education coordinating board, and the state board for community and technical colleges shall each report to the joint select committee on education reform regarding their progress in completing tasks as designated by chapter 141, Laws of 1992, by the performance-based education act, chapter . . ., Laws of 1993 (House Bill No. 1209 or Senate Bill No. 5306), and any subsequent legislation relating to education reform.
(7) The joint select committee on education reform shall report its initial findings to the legislature by December 31, 1993, and shall report its findings annually thereafter until December 31, 1998, at which time the committee shall make its final report.
PART XIV
SCHOOL-TO-WORK TRANSITIONS
NEW SECTION. Sec. 1401. (1) The legislature finds that demonstrated relevancy and practical application of school work is essential to improving student learning and to increasing the ability of students to transition successfully to the world of work. Employers have an increasing need for highly skilled people whether they are graduating from high school, a community college, a four-year university, or a technical college.
(2) The legislature further finds that the school experience must prepare students to make informed career direction decisions at appropriate intervals in their educational progress. The elimination of rigid tracking into educational programs will increase students' posthigh school options and will expose students to a broad range of interrelated career and educational opportunities.
(3) The legislature further finds that student motivation and performance can be greatly increased by the demonstration of practical application of course work content and its relevancy to potential career directions.
(4) The legislature further finds that secondary schools should provide students with multiple, flexible educational pathways. Each educational pathway should:
(a) Prepare students to demonstrate both core competencies common for all students and competencies in a career or interest area;
(b) Integrate academic and vocational education into a single curriculum; and
(c) Provide both classroom and workplace experience.
(5) The purpose of RCW 28A.630.862 through 28A.630.880 and section 1411 of this act is to equip students with improved school-to-work transition opportunities through the establishment of school-to-work transition model projects throughout the state.
Sec. 1402. RCW 28A.630.862 and 1992 c 137 s 2 are each amended to read as follows:
There is established in the office of the superintendent of public instruction ((an academic and vocational integration development)) a school-to-work transitions program which shall fund and coordinate ((pilot)) projects to develop model secondary school ((projects)) programs. The projects shall combine academic and vocational education into a single instructional system that is responsive to the educational needs of all students in secondary schools and shall provide multiple educational pathway options for all secondary students. Goals of the projects within the program shall include at a minimum:
(1) Integration of vocational and academic instructional curriculum into a single curriculum;
(2) Providing each student with a choice of multiple, flexible educational pathways based on the student's career or interest area;
(3) Emphasis on increased vocational((, personal,)) and academic guidance and counseling for students as an essential component of the student's high school experience;
(((3))) (4) Development of student essential academic learning requirements, methods of accurately measuring student performance, and goals for improved student learning;
(5) Partnership with local employers and employees to incorporate work sites as part of work-based learning experiences;
(6) Active participation of educators in the planning, implementation, and operation of the project, including increased opportunities for professional development and in-service training; and
(((4))) (7) Active participation by employers, private and public community service providers, parents, and community members in the development and operation of the project.
Sec. 1403. RCW 28A.630.864 and 1992 c 137 s 3 are each amended to read as follows:
(1) The superintendent of public instruction shall develop a process for schools or school districts to apply to participate in the ((academic and vocational integration development)) school-to-work transitions program. The office of the superintendent of public instruction shall review and select projects for grant awards, and monitor and evaluate the ((academic and vocational integration development)) program.
(2) The superintendent of public instruction, in selecting projects for grant awards, shall give additional consideration to schools or school districts whose proposals include collaboration with middle schools or junior high schools to develop school-to-work transition objectives. Middle school or junior high school programs may include career awareness and exploration, preparation for school-to-school transition, and preparation for educational pathway decisions.
(3) The superintendent of public instruction, in selecting projects for grant awards, shall give additional consideration to schools or school districts whose proposals include a tech prep site selected under P.L. 101-392 or other articulation agreements with a community or technical college.
(4) The superintendent of public instruction and the state board of education may develop a process for teacher certification programs to apply to participate in the school-to-work transitions program. The office of the superintendent of public instruction and the state board of education may review and select projects for grant awards. Teacher preparation grants shall be used to improve teacher preparation in school-to-work transitions, including course work related to integrated curriculum, tech prep concepts, updating technical skills, improving school and private sector partnerships, and assessing students.
Sec. 1404. RCW 28A.630.866 and 1992 c 137 s 4 are each amended to read as follows:
The superintendent of public instruction shall appoint a ten-member task force on ((academic and vocational integration)) school-to-work transitions. The task force shall include at least one representative from the work force training and education coordinating board and the state board for community and technical colleges. The task force shall advise the superintendent of public instruction in the development of the process for applying to participate in the ((academic and vocational integration development)) school-to-work transitions program, in the review and selection of projects under RCW 28A.630.864, and the monitoring and evaluation of the projects.
Sec. 1405. RCW 28A.630.868 and 1992 c 137 s 6 are each amended to read as follows:
(1) The superintendent of public instruction shall administer RCW 28A.630.860 through RCW 28A.630.880.
(2) The ((academic and vocational integration development)) school-to-work transitions projects may be conducted for up to six years, if funds are provided.
Sec. 1406. RCW 28A.630.870 and 1992 c 137 s 7 are each amended to read as follows:
(1) The superintendent of public instruction may accept, receive, and administer for the purposes of RCW 28A.630.860 through 28A.630.880 such gifts, grants, and contributions as may be provided from public and private sources for the purposes of RCW 28A.630.860 through 28A.630.880.
(2) The ((academic and vocational integration development)) school-to-work transitions program account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received under this section. Moneys in the account may be spent only for the purposes of 28A.630.860 through 28A.630.880. Disbursements from this account shall be on the authorization of the superintendent of public instruction or the superintendent's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.
Sec. 1407. RCW 28A.630.874 and 1992 c 137 s 9 are each amended to read as follows:
(1) The superintendent of public instruction, in coordination with the state board of education, the state board for community and technical colleges, the work force training and education coordinating board, and the higher education coordinating board, shall provide technical assistance to selected schools and shall develop a process that coordinates and facilitates linkages among participating school districts, secondary schools, junior high schools, middle schools, technical colleges, and colleges and universities.
(2) The superintendent of public instruction and the state board of education may adopt rules under chapter 34.05 RCW as necessary to implement its duties under RCW 28A.630.860 through RCW 28A.630.880.
Sec. 1408. RCW 28A.630.876 and 1992 c 137 s 10 are each amended to read as follows:
(1) The superintendent of public instruction shall report to the education committees of the legislature on the progress of the schools for the ((academic and vocational integration development)) school-to-work transitions program by December 15 of each odd-numbered year.
(2) Each school district selected to participate in the academic and vocational integration development program shall submit an annual report to the superintendent of public instruction on the progress of the ((pilot)) project as a condition of receipt of continued funding.
Sec. 1409. RCW 28A.630.878 and 1992 c 137 s 11 are each amended to read as follows:
The superintendent of public instruction, through the state clearinghouse for education information, shall collect and disseminate to all school districts and other interested parties information about the ((academic and vocational integration development pilot)) school-to-work transitions projects.
Sec. 1410. RCW 28A.630.880 and 1992 c 137 s 12 are each amended to read as follows:
RCW 28A.630.860 through 28A.630.880 may be known and cited as the ((academic and vocational integration development)) school-to-work transitions program.
NEW SECTION. Sec. 1411. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.630.862 through 28A.630.880.
(1) "Integration of vocational and academic instruction" means an educational program that combines vocational and academic concepts into a single curriculum to increase the relevancy of course work, to strengthen and increase academic standards, and to enable students to apply knowledge and skills to career and educational objectives.
(2) "School-to-work transition" means a restructuring effort which provides multiple learning options and seamless integrated pathways to increase all students' opportunities to pursue their career and educational interests.
(3) "Work-based learning" means a competency-based educational experience that coordinates and integrates classroom instruction with structured, work site employment in which the student receives occupational training that advances student knowledge and skills in essential academic learning requirements.
PART XV
DESERVING STUDENT SCHOLARSHIPS
NEW SECTION. Sec. 1501. By December 1, 1998, the higher education coordinating board shall develop a two-year scholarship plan for deserving students who have achieved a certificate of mastery and have graduated from high school. Deserving students shall be those whose family income is below the state-wide median family income. Receiving students shall be allowed to use the scholarship at a community or technical college or a public, four-year institution of higher education.
PART XVI
MISCELLANEOUS
NEW SECTION. Sec. 1601. The superintendent of public instruction and the state board of education shall each adopt rules, as necessary, under chapter 34.05 RCW to implement the applicable provisions of chapter . . ., Laws of 1993 (this act).
NEW SECTION. Sec. 1602. RCW 28A.215.904 is decodified.
NEW SECTION. Sec. 1603. The following acts or parts of acts are each repealed:
(1) 1992 c 141 s 505; and
(2) RCW 28A.630.860 and 1992 c 137 s 1.
NEW SECTION. Sec. 1604. Part headings as used in this act constitute no part of the law.
NEW SECTION. Sec. 1605. (1) Section 101 of this act is added to chapter 28A.150 RCW;
(2) Sections 901 through 903, sections 1101 through 1105, 1203, and 1601 of this act are each added to chapter 28A.300 RCW;
(3) Sections 202, 502, and 701 of this act are each added to chapter 28A.305 RCW;
(4) Section 1301 of this act is added to chapter 28A.320 RCW;
(5) Section 501 of this act is added to chapter 28A.410 RCW;
(6) Section 401 of this act is added to chapter 28A.415 RCW;
(7) Sections 1001 and 1303 of this act are each added to chapter 28A.600 RCW;
(8) Section 801 of this act is added to chapter 28A.615 RCW;
(9) Section 1411 of this act is added to chapter 28A.630 RCW; and
(10) Section 1501 of this act is added to chapter 28B.80 RCW.
NEW SECTION. Sec. 1606. Section 1303 of this act shall expire January 1, 1999.
NEW SECTION. Sec. 1607. If specific funding for the purposes of section 801 of this act, referencing this section by bill and section number, is not provided by June 30, 1993, in the omnibus appropriations act, section 801 of this act shall be null and void.
NEW SECTION. Sec. 1608. If specific funding for the purposes of section 904 of this act, referencing this section by bill and section number, is not provided by June 30, 1993, in the omnibus appropriations act, section 904 of this act shall be null and void.
NEW SECTION. Sec. 1609. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Senator Cantu moved that the following amendment to the Committee on Education striking amendment be adopted:
On page 4, beginning on line 23 of the amendment, after "(1)" strike all material through "communities." on line 32 and insert "Read, write, speak, listen, and compute in order to communicate effectively and responsibly in a variety of ways and settings. This goal is established as the primary mission of the public schools;
(2) Know and apply the basic elements and principles of English, mathematics, science, history, geography, government, foreign languages, arts, health, and fitness;
(3) Be able to think critically and creatively using the knowledge and skills gained from goals one and two from subsections (1) and (2) of this section to form reasoned judgments, solve problems, and resolve conflicts;
(4) Appreciate their own worth and importance and have the character to be accountable for themselves and to act responsibly toward others. This goal is the primary responsibility of families but can be assisted by schools, work groups, and communities.
It is the intent of the legislature that all students should demonstrate acquisition of these goals when they graduate from the public schools through an assessment system that is valid and reliable and has the confidence of the communities served."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Cantu on page 4, beginning on line 23, to the Committee on Education striking amendment to Engrossed Substitute House Bill No. 1209.
The amendment by Senator Cantu on page 4, beginning on line 23, to the Committee on Education striking amendment to Engrossed Substitute House Bill No. 1209 was not adopted on a rising vote.
MOTION
Senator Skratek moved that the following amendments to the Committee on Education striking amendment be considered simultaneously and be adopted:
On page 19, line 31 of the amendment, after "(3)" insert "(a) It shall be an additional focus of the office of educational restructuring, research, and technical assistance to promote lifelong learning and community involvement in education, which is defined as coordinated efforts in communities to provide education to citizens of all ages in a variety of settings using, to the extent possible, shared funding, sites, and staffing.
(b) The legislature finds that promoting the effective and efficient coordination of all community educational services can provide for the lifelong learning and positive community involvement of Washington's citizens. Educational opportunities in a community might include early childhood education; parenting education and parent involvement; literacy training; job training and retraining; technical preparation programs; student career academies and career centers for all citizens; student apprenticeships, internships, and job mentor programs; tutoring; school staff sabbaticals; programs for business and labor participation in schools; release-time programs for community members to participate in schools; and other types of adult education, including programs for senior citizens. These services might be provided by state or community-based agencies including, but not limited to: Public schools, including skills centers; counties, cities, and towns, including parks departments, health departments, and libraries; community and technical colleges; business and labor organizations; service organizations; and private and nonprofit organizations.
(c) The office shall consult with appropriate state agencies and other groups and organizations that provide lifelong learning and community involvement in education services and: Provide assistance to local communities wishing to coordinate services for lifelong learning and community involvement in education; encourage local communities to coordinate program and facility resources; identify statutory and regulatory provisions impeding local collaboration for lifelong learning and community involvement in education; identify and promote effective models of lifelong learning and community involvement in education programs; and assist communities in exchanging information concerning lifelong learning and community involvement in education services.
(4)"
On page 20, at the beginning of line 6 of the amendment, strike "(4)" and insert "(((4))) (5)"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Skratek on page 19, line 31, and page 20, at the beginning of line 6, to the Committee on Education striking amendment to Engrossed Substitute House Bill No. 1209.
The amendments by Senator Skratek on page 19, line 31, and page 20, at the beginning of line 6, to the Committee on Education striking amendment to Engrossed Substitute House Bill No. 1209 were adopted.
MOTION
Senator Anderson moved that the following amendments to the Committee on Education striking amendment be considered simultaneously and be adopted:
On page 27, line 11 of the amendment, after "each school" strike "district"
On page 27, line 12 of the amendment, after "to" insert "each parent and to"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Anderson on page 27, lines 11 and 12, to the Committee on Education striking amendment to Engrossed Substitute House Bill No. 1209.
The amendments by Senator Anderson on page 27, lines 11 and 12, to the Committee on Education striking amendment to Engrossed Substitute House Bill No. 1209 were adopted.
MOTION
Senator Skratek moved that the following amendment to the Committee on Education striking amendment be adopted:
On page 32, after line 4 of the amendment, strike everything through "requirements" on page 37, line 3 and insert the following:
"PART XIV
SCHOOL-TO-WORK TRANSITIONS
NEW SECTION. Sec. 1401. (1) The legislature finds that demonstrated relevancy and practical application of school work is essential to improving student learning and to increasing the ability of students to transition successfully to the world of work. Employers have an increasing need for highly skilled people whether they are graduating from high school, a community college, a four-year university, or a technical college.
(2) The legislature further finds that the school experience must prepare students to make informed career direction decisions at appropriate intervals in their educational progress. The elimination of rigid tracking into educational programs will increase students' posthigh school options and will expose students to a broad range of interrelated career and educational opportunities.
(3) The legislature further finds that student motivation and performance can be greatly increased by the demonstration of practical application of course work content and its relevancy to potential career directions.
(4) The legislature further finds that secondary schools should provide students with multiple, flexible educational pathways. Each educational pathway should:
(a) Prepare students to demonstrate both core competencies common for all students and competencies in a career or interest area;
(b) Integrate academic and vocational education into a single curriculum; and
(c) Provide both classroom and workplace experience.
(5) The purpose of RCW 28A.630.862 through 28A.630.880 and section 1411 of this act is to equip students with improved school-to-work transition opportunities through the establishment of school-to-work transition model projects throughout the state.
Sec. 1402. RCW 28A.630.862 and 1992 c 137 s 2 are each amended to read as follows:
There is established in the office of the superintendent of public instruction ((an academic and vocational integration development)) a school-to-work transitions program which shall fund and coordinate ((pilot)) projects to develop model secondary school ((projects)) programs. The projects shall combine academic and vocational education into a single instructional system that is responsive to the educational needs of all students in secondary schools and shall provide multiple educational pathway options for all secondary students. Instruction shall include a combination of classroom and actual workplace learning. Workplace experience shall account for a minimum of forty percent of the total instruction provided over the life of the school-to-work transition program. Yearly percentages may vary during the program. Goals of the projects within the program shall include at a minimum:
(1) Integration of vocational and academic instructional curriculum into a single curriculum;
(2) Providing each student with a choice of multiple, flexible educational pathways based on the student's career or interest area;
(3) Emphasis on increased vocational((, personal,)) and academic guidance and counseling for students as an essential component of the student's high school experience;
(((3))) (4) Development of student essential academic learning requirements, methods of accurately measuring student performance, and goals for improved student learning;
(5) Partnership with local employers and employees to incorporate work sites as part of work-based learning experiences;
(6) Active participation of educators in the planning, implementation, and operation of the project, including increased opportunities for professional development and in-service training; ((and))
(((4))) (7) Active participation by employers, private and public community service providers, parents, and community members in the development and operation of the project; and
(8) A list of and justification for any request for waivers from specific state statutes or administrative rules.
Sec. 1403. RCW 28A.630.864 and 1992 c 137 s 3 are each amended to read as follows:
(1) The superintendent of public instruction shall develop a process for schools or school districts to apply to participate in the ((academic and vocational integration development)) school-to-work transitions program. The office of the superintendent of public instruction shall review and select projects for grant awards, and monitor and evaluate the ((academic and vocational integration development)) program.
(2) The superintendent of public instruction, in selecting projects for grant awards, shall give additional consideration to schools or school districts whose proposals include collaboration with middle schools or junior high schools to develop school-to-work transition objectives. Middle school or junior high school programs may include career awareness and exploration, preparation for school-to-school transition, and preparation for educational pathway decisions.
(3) The superintendent of public instruction, in selecting projects for grant awards, shall give additional consideration to schools or school districts whose proposals include a tech prep site selected under P.L. 101-392 or other articulation agreements with a community or technical college.
(4) The superintendent of public instruction, in selecting projects for grant awards, shall give additional consideration to schools or school districts whose proposals include the following elements: Paid student employment in an occupational area with growing labor market demand, instruction on the job from a mentor, demonstration of competency standards for program completion, and a contract to be signed by the participating student, the student's parent or legal guardian, the participating employer, and an education representative.
(5) The superintendent of public instruction, in selecting projects for grant awards, shall give additional consideration to schools or school districts whose proposals are consistent with the state comprehensive plan for work force training and education prepared by the work force training and education coordinating board.
(6) The superintendent of public instruction and the state board of education may develop a process for teacher certification programs to apply to participate in the school-to-work transitions program. The office of the superintendent of public instruction and the state board of education may review and select projects for grant awards. Teacher preparation grants shall be used to improve teacher preparation in school-to-work transitions, including course work related to integrated curriculum, tech prep concepts, updating technical skills, improving school and private sector partnerships, and assessing students.
Sec. 1404. RCW 28A.630.866 and 1992 c 137 s 4 are each amended to read as follows:
The superintendent of public instruction shall appoint a ten-member task force on ((academic and vocational integration)) school-to-work transitions. The task force shall include at least one representative from the work force training and education coordinating board and the state board for community and technical colleges. The task force shall advise the superintendent of public instruction in the development of the process for applying to participate in the ((academic and vocational integration development)) school-to-work transitions program, in the review and selection of projects under RCW 28A.630.864, and the monitoring and evaluation of the projects.
Sec. 1405. RCW 28A.630.868 and 1992 c 137 s 6 are each amended to read as follows:
(1) The superintendent of public instruction shall administer RCW 28A.630.860 through RCW 28A.630.880.
(2) The ((academic and vocational integration development)) school-to-work transitions projects may be conducted for up to six years, if funds are provided.
Sec. 1406. RCW 28A.630.870 and 1992 c 137 s 7 are each amended to read as follows:
(1) The superintendent of public instruction may accept, receive, and administer for the purposes of RCW 28A.630.860 through 28A.630.880 such gifts, grants, and contributions as may be provided from public and private sources for the purposes of RCW 28A.630.860 through 28A.630.880.
(2) The ((academic and vocational integration development)) school-to-work transitions program account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received under this section. Moneys in the account may be spent only for the purposes of 28A.630.860 through 28A.630.880. Disbursements from this account shall be on the authorization of the superintendent of public instruction or the superintendent's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.
Sec. 1407. RCW 28A.630.874 and 1992 c 137 s 9 are each amended to read as follows:
(1) The superintendent of public instruction, in coordination with the state board of education, the state board for community and technical colleges, the work force training and education coordinating board, and the higher education coordinating board, shall provide technical assistance to selected schools and shall develop a process that coordinates and facilitates linkages among participating school districts, secondary schools, junior high schools, middle schools, technical colleges, and colleges and universities.
(2) The superintendent of public instruction and the state board of education may adopt rules under chapter 34.05 RCW as necessary to implement its duties under RCW 28A.630.860 through RCW 28A.630.880.
Sec. 1408. RCW 28A.630.876 and 1992 c 137 s 10 are each amended to read as follows:
(1) The superintendent of public instruction shall report to the education committees of the legislature on the progress of the schools for the ((academic and vocational integration development)) school-to-work transitions program by December 15 of each odd-numbered year.
(2) Each school district selected to participate in the academic and vocational integration development program shall submit an annual report to the superintendent of public instruction on the progress of the ((pilot)) project as a condition of receipt of continued funding.
Sec. 1409. RCW 28A.630.878 and 1992 c 137 s 11 are each amended to read as follows:
The superintendent of public instruction, through the state clearinghouse for education information, shall collect and disseminate to all school districts and other interested parties information about the ((academic and vocational integration development pilot)) school-to-work transitions projects.
Sec. 1410. RCW 28A.630.880 and 1992 c 137 s 12 are each amended to read as follows:
RCW 28A.630.860 through 28A.630.880 may be known and cited as the ((academic and vocational integration development)) school-to-work transitions program.
NEW SECTION. Sec. 1411. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.630.862 through 28A.630.880.
(1) "Integration of vocational and academic instruction" means an educational program that combines vocational and academic concepts into a single curriculum to increase the relevancy of course work, to strengthen and increase academic standards, and to enable students to apply knowledge and skills to career and educational objectives.
(2) "School-to-work transition" means a restructuring effort which provides multiple learning options and seamless integrated pathways to increase all students' opportunities to pursue their career and educational interests.
(3) "Work-based learning" means a competency-based educational experience that coordinates and integrates classroom instruction with structured, work site employment in which the student receives occupational training that advances student knowledge and skills in essential academic learning requirements."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Skratek on page 32, after line 4, to the Committee on Education striking amendment to Engrossed Substitute House Bill No. 1209.
The amendment by Senator Skratek on page 32, after line 4, to the Committee on Education striking amendment to Engrossed Substitute House Bill No. 1209 was adopted.
MOTION
Senator Cantu moved that the following amendment to the Committee on Education striking amendment be adopted:
On page 38, line 21, after "1609." insert "Collective bargaining at the local school district level shall not alter or undermine any of the policies or purposes adopted under this act."
Renumber the remaining section(s) accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Cantu on page 38, line 21, to the Committee on Education striking amendment to Engrossed Substitute House Bill No. 1209.
The amendment by Senator Cantu on page 38, line 21, to the Committee on Education striking amendment to Engrossed Substitute House Bill No. 1209 was not adopted.
MOTION
Senator Roach moved that the following amendment to the Committee on Education striking amendment be adopted:
On page 38, after line 24 of the amendment, insert the following:
"NEW SECTION. Sec. 1610. This act shall be submitted to the people for the adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."
Debate ensued.
Senator Roach demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Roach on page 38, after line 24, to the Committee on Education striking amendment to Engrossed Substitute House Bill No. 1209.
ROLL CALL
The Secretary called the roll and the amendment to the committee amendment was not adopted by the following vote: Yeas, 19; Nays, 29; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer and West - 19.
Voting nay: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 29.
Excused: Senator Niemi - 1.
The President declared the question before the Senate to be the adoption of the Committee on Education striking amendment, as amended, to Engrossed Substitute House Bill No. 1209.
The Committee on Education striking amendment, as amended, to Engrossed Substitute House Bill No. 1209 was adopted.
MOTIONS
On motion of Senator Pelz, the following title amendment was adopted:
On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28A.630.884, 28A.630.885, 28A.415.250, 28A.300.130, 28A.225.220, 28A.300.040, 28A.630.862, 28A.630.864, 28A.630.866, 28A.630.868, 28A.630.870, 28A.630.874, 28A.630.876, 28A.630.878, and 28A.630.880; adding a new section to chapter 28A.150 RCW; adding new sections to chapter 28A.305 RCW; adding new sections to chapter 28A.415 RCW; adding a new section to chapter 28A.240 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 28A.615 RCW; adding new sections to chapter 28A.300 RCW; adding new sections to chapter 28A.600 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.630 RCW; adding a new section to chapter 28B.80 RCW; creating new sections; decodifying RCW 28A.215.904; repealing RCW 28A.630.860; repealing 1992 c 141 s 505; and providing an expiration date."
On motion of Senator Pelz, the rules were suspended, Engrossed Substitute House Bill No. 1209, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1209, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1209, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 27; Nays, 21; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, McAuliffe, Moore, Moyer, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Winsley - 27.
Voting nay: Senators Amondson, Anderson, Barr, Cantu, Deccio, Erwin, Hochstatter, Jesernig, Loveland, McCaslin, McDonald, Nelson, Newhouse, Oke, Owen, Roach, Sellar, Smith, L., von Reichbauer, West and Wojahn - 21.
Excused: Senator Niemi - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE JOINT RESOLUTION NO. 4204, by House Committee on Education (originally sponsored by Representatives G. Cole, Brough, Flemming, Dorn, Peery, Karahalios, Rust, Sheldon, Jones, Chappell, Holm, Shin, R. Johnson, Johanson, J. Kohl, Springer, Cooke, Wood, Lemmon, Jacobsen, Wang, Leonard, Quall, Brumsickle, Thomas, H. Myers, Rayburn and King) (by request of Washington State School Directors Association, Board of Education and Superintendent of Public Instruction)
Amending the Constitution to provide for a simple majority of electors voting to authorize school district and library district.
The joint resolution was read the second time.
MOTIONS
Senator Pelz moved that the following Committee on Education amendment be adopted:
On page 1, after line 2, strike everything through "effect." on page 4, line 16 and insert the following:
"THAT, At the next general election to be held in this state there shall be submitted to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article VII, section 2 and Article VIII, section 6 of the Constitution of the state of Washington to read as follows:
Article VII, section 2. Except as hereinafter provided and notwithstanding any other provision of this Constitution, the aggregate of all tax levies upon real and personal property by the state and all taxing districts now existing or hereafter created, shall not in any year exceed one per centum of the true and fair value of such property in money: PROVIDED, HOWEVER, That nothing herein shall prevent levies at the rates now provided by law by or for any port or public utility district. The term "taxing district" for the purposes of this section shall mean any political subdivision, municipal corporation, district, or other governmental agency authorized by law to levy, or have levied for it, ad valorem taxes on property, other than a port or public utility district. Such aggregate limitation or any specific limitation imposed by law in conformity therewith may be exceeded only
(a) By any taxing district when specifically authorized so to do by a majority of at least three-fifths of the ((electors)) voters thereof voting on the proposition to levy such additional tax submitted not more than twelve months prior to the date on which the proposed initial levy is to be made and not oftener than twice in such twelve month period, either at a special election or at the regular election of such taxing district, at which election the number of ((persons)) voters voting "yes" on the proposition shall constitute three-fifths of a number equal to forty per centum of the total ((votes cast)) number of voters voting in such taxing district at the last preceding general election when the number of ((electors)) voters voting on the proposition does not exceed forty per centum of the total ((votes cast)) number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the ((electors)) voters thereof voting on the proposition to levy when the number of ((electors)) voters voting on the proposition exceeds forty ((percentum)) per centum of the total ((votes cast)) number of voters voting in such taxing district in the last preceding general election: PROVIDED, That notwithstanding any other provision of this Constitution, any proposition pursuant to this subsection to levy additional tax for the support of the common schools may provide such support for a two year period and any proposition to levy an additional tax to support the construction, modernization, or remodelling of school facilities may provide such support for a period not exceeding six years: PROVIDED FURTHER, That a proposition under this subsection to levy an additional tax for a school district shall be authorized if approved by a majority of the voters voting on the proposition;
(b) By any taxing district otherwise authorized by law to issue general obligation bonds for capital purposes, for the sole purpose of making the required payments of principal and interest on general obligation bonds issued solely for capital purposes, other than the replacement of equipment, when authorized so to do by majority of at least three-fifths of the ((electors)) voters thereof voting on the proposition to issue such bonds and to pay the principal and interest thereon by an annual tax levy in excess of the limitation herein provided during the term of such bonds, submitted not oftener than twice in any calendar year, at an election held in the manner provided by law for bond elections in such taxing district, at which election the total number of ((persons)) voters voting on the proposition shall constitute not less than forty per centum of the total number of ((votes cast)) voters voting in such taxing district at the last preceding general election: PROVIDED, That any such taxing district shall have the right by vote of its governing body to refund any general obligation bonds of said district issued for capital purposes only, and to provide for the interest thereon and amortization thereof by annual levies in excess of the tax limitation provided for herein((,)): PROVIDED FURTHER, That a proposition by a school district to issue bonds with a term of nine years or less, and to pay the principal and interest on the bonds by an annual tax levy during the term of the bonds in excess of the limitation provided in this section, shall be authorized if approved by a majority of the voters voting on the proposition: PROVIDED FURTHER, That a proposition by a school district to issue bonds with a term greater than nine years and to pay the principal and interest on the bonds by an annual tax levy during the term of the bonds in excess of the limitation provided in this section shall be authorized if approved by at least three-fifths of the voters voting on the proposition: AND PROVIDED FURTHER, That the provisions of this section shall also be subject to the limitations contained in Article VIII, Section 6, of this Constitution;
(c) By the state or any taxing district for the purpose of paying the principal or interest on general obligation bonds outstanding on December 6, 1934; or for the purpose of preventing the impairment of the obligation of a contract when ordered so to do by a court of last resort.
Article VIII, section 6. No county, city, town, ((school district,)) or other municipal corporation shall for any purpose become indebted in any manner to an amount exceeding one and one-half per centum of the taxable property in such county, city, town, ((school district,)) or other municipal corporation, without the assent of three-fifths of the voters therein voting at an election to be held for that purpose, nor in cases requiring such assent shall the total indebtedness at any time exceed five per centum on the value of the taxable property therein, to be ascertained by the last assessment ((for state and county purposes previous to the incurring of such indebtedness, except that in incorporated cities the assessment shall be taken from the last assessment for city purposes)): PROVIDED, That the assent necessary to authorize a school district to incur such debt shall be a majority vote: PROVIDED FURTHER, That no part of the indebtedness allowed in this section shall be incurred for any purpose other than strictly county, city, town, school district, or other municipal purposes: PROVIDED FURTHER, That (a) any city or town, with such assent, may be allowed to become indebted to a larger amount, but not exceeding five per centum additional for supplying such city or town with water, artificial light, and sewers, when the works for supplying such water, light, and sewers shall be owned and controlled by the municipality and (b) any school district with ((such)) majority assent, may be allowed to become indebted to a larger amount but not exceeding five per centum additional for capital outlays.
BE IT FURTHER RESOLVED, That the foregoing amendment shall be construed as a single amendment within the meaning of Article XXIII, section 1 of the state Constitution.
The legislature finds that the changes contained in the foregoing amendment constitute a single integrated plan providing for a simple majority of electors voting to authorize school district levies and bonds with a term of nine years or less; and providing for at least three-fifths of the electors voting to authorize school district bonds with a term of greater than nine years. If the foregoing amendment is held to be separate amendments, this joint resolution shall be void in its entirety and shall be of no further force and effect."
Senator McCaslin moved that the following amendments to the Committee on Education amendment be considered simultaneously and be adopted:
On page 2, beginning on line 14 of the amendment, after "shall" strike everything through "proposition" on line 16, and insert "only be authorized if voted on at a state general election and approved by at least three-fifths of the voters voting on the proposition at that election"
On page 3, line 3 of the amendment, after "bonds" strike everything through "years"
On page 3, beginning on line 6 of the amendment, after "shall" strike everything through "proposition" on line 7, and insert "only be authorized if voted on at a state general election and approved by at least three-fifths of the voters voting on the proposition at that election"
On page 3, at the beginning of line 27 of the amendment, strike everything through "vote" on line 28, and insert "a proposition by a school district to incur such debt shall only be authorized if voted on at a state general election and approved by at least three-fifths of the voters voting on the proposition at that election"
On page 4, beginning on line 5 of the amendment, after "for" strike everything through "years" on line 9, and insert "the additional authorization of school district levies and bonds if voted on at a state general election and approved by at least three-fifths of the voters voting on the proposition at that election"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator McCaslin on page 2, beginning on line 14; page 3, line 3; page 3, beginning on line 6; page 3, at the beginning of line 27; and page 4, beginning on line 5; to the Committee on Education amendment to Engrossed Substitute House Joint Resolution No. 4204.
The amendments by Senator McCaslin on page 2, beginning on line 14; page 3, line 3; page 3, beginning on line 6; page 3, at the beginning of line 27; and page 4, beginning on line 5; to the Committee on Education amendment to Engrossed Substitute House Joint Resolution No. 4204 were not adopted on a rising vote.
MOTION
Senator Barr moved that the following amendments by Senators Barr and Loveland to the Committee on Education amendment be considered simultaneously and be adopted:
On page 2, line 15, after "by" strike "a majority" and insert "three-fifths"
On page 2, line 36, after ":" strike all material through ":" on page 3, line 2
On page 2, line 3, after "bonds" strike all material through "years and"
On page 3, line 15, after "town," strike ((school district,)) and insert "school district"
On page 3, line 18, after "town" strike ((school district,)) and insert "school district"
On page 3, line 26, after "PROVIDED," strike all material through "FURTHER," on page 3, line 28
On page 3, line 36, after "with" strike "((such)) majority" and insert "such"
On page 4, line 5, after "for a" strike "simple" and insert "three-fifths"
On page 4, line 7, after "bonds" strike "with a term of nine years or less"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Barr and Loveland on page 2, lines 15 and 36; page 3, lines 3, 15, 18, 26 and 36; and page 4, lines 5 and 7; to the Committee on Education amendment to Engrossed Substitute House Joint Resolution No. 4204.
The amendments by Senator Barr and Loveland on page 2, lines 15 and 36; page 3, lines 3, 15, 18, 26 and 36; and page 4, lines 5 and 7; to the Committee on Education amendment to Engrossed Substitute House Joint Resolution No. 4204 were not adopted on a rising vote.
The President declared the question before the Senate to be the adoption of the Committee on Education amendment on page 1, after line 2, to Engrossed Substitute House Joint Resolution No. 4204.
The Committee on Education amendment on page 1, after line 2, to Engrossed Substitute House Joint Resolution No. 4204 was adopted.
MOTION
On motion of Senator Pelz, the rules were suspended, Engrossed Substitute House Joint Resolution No. 4204, as amended by the Senate, was advanced to third reading, the second reading considered the third and the joint resolution was placed on final passage.
POINT OF INQUIRY
Senator Nelson: "Senator Pelz, in order to clarify for me this example that you gave on two occasions as far as the building of the King County Jail versus the building of school buildings. What was the revenue source for the jail bond issue in King County? I think all of us know that the source of revenue for the schools is a property tax. What was the source of revenue for the jails in King County?"
Senator Pelz: "I'll bet you could help me out with that, couldn't you?"
Senator Nelson: "I'll bet I could too, but I think there should be a distinction here on the revenue source and you have not made that as to why people, perhaps, would vote for that source to build the jails, versus that of a property tax which is by far the most objectionable form of taxes that I hear from the constituents in my legislative district--and I can't help but think it is the same way for all of you in your respective districts.
"I have always opposed the forty percent validation, Mr. President. I always thought that that should have been removed by the voters. It is unfortunate that they chose not to do that, but I have real problems voting for a simple majority in those time frames in which we allow schools to have special levies, namely February, March, April and May. If this measure were, in fact, to be a simple majority during the September or November time frame, I would be willing to vote for it without any trouble, but I think it causes major differences and different balance of what we are asking people to look at in order to now fund schools and I think it is inappropriate to have the special elections, also, in February, March, April and May carry only a simple majority."
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Joint Resolution No. 4204, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Joint Resolution No. 4204, as amended by the Senate, and the joint resolution failed to receive the constitutional two-thirds majority by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Erwin, Franklin, Fraser, Haugen, Jesernig, McAuliffe, Moore, Moyer, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Winsley and Wojahn - 28.
Voting nay: Senators Amondson, Barr, Bluechel, Cantu, Deccio, Drew, Gaspard, Hargrove, Hochstatter, Loveland, McCaslin, McDonald, Nelson, Newhouse, Oke, Prince, Roach, Smith, L., West and Williams - 20.
Excused: Senator Niemi - 1.
ENGROSSED SUBSTITUTE HOUSE JOINT RESOLUTION NO. 4204, as amended by the Senate, having failed to receive the constitutional two-thirds majority, was declared lost.
NOTICE FOR RECONSIDERATION
Senator Gaspard, having voted on the prevailing side, served notice to reconsider the vote by which Engrossed Substitute House Joint Resolution No. 4204, as amended by the Senate, failed to pass the Senate.
MOTION
On motion of Senator Loveland, Senator Vognild was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1169, by House Committee on Fisheries and Wildlife (originally sponsored by Representatives King, Basich, Orr, Fuhrman, Chappell and Wood)
Regulating marine finfish rearing facilities.
The bill was read the second time.
MOTIONS
On motion of Senator Owen, the following Committee on Ways and Means amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 90.48 RCW to read as follows:
(1) For the purposes of this section "marine finfish rearing facilities" means those private and public facilities located within the salt water of the state where finfish are fed, nurtured, held, maintained, or reared to reach the size of release or for market sale.
(2) Not later than October 31, 1994, the department shall adopt criteria under chapter 34.05 RCW for allowable sediment impacts from organic enrichment due to marine finfish rearing facilities.
(3) Not later than June 30, 1995, the department shall adopt standards under chapter 34.05 RCW for waste discharges from marine finfish rearing facilities. In establishing these standards, the department shall review and incorporate, to the extent possible, studies conducted by state and federal agencies on waste discharges from marine finfish rearing facilities, and any reports and other materials prepared by technical committees on waste discharges from marine finfish rearing facilities. The department shall approve or deny discharge permit applications for marine finfish rearing facilities within one hundred eighty days from the date of application, unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW. The department shall notify applicants as soon as it determines that a proposed discharge meets or fails to comply with the standards adopted pursuant to this section, or if a time period longer than one hundred eighty days is necessary to satisfy public participation requirements of the state environmental policy act.
(4) The department may adopt rules to exempt marine finfish rearing facilities not requiring national pollutant discharge elimination system permits under the federal water pollution control act from the discharge permit requirement.
NEW SECTION. Sec. 2. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, this act shall be null and void."
On motion of Senator Owen, the following title amendment was adopted:
On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "adding a new section to chapter 90.48 RCW; and creating a new section."
MOTION
On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 1169, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1169, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1169, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 2; Excused, 2.
Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 44.
Voting nay: Senator Anderson - 1.
Absent: Senators Moyer and Talmadge - 2.
Excused: Senators Niemi and Vognild - 2.
SUBSTITUTE HOUSE BILL NO. 1169, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1922, by House Committee on Corrections (originally sponsored by Representatives Lemmon, Mastin, Morris, Hansen, Basich, Kessler, Johanson, Scott, Tate, Bray, Campbell, Dunshee, Eide, Orr, Grant, Lisk, Ludwig, R. Meyers, Springer, Finkbeiner, Dorn, Vance, Quall, Kremen, Rayburn, Brough, Foreman, Riley, L. Johnson, Horn, King, Forner, Roland, Ogden, Thomas, Brumsickle, Long, Casada, Ballasiotes, Mielke, Cooke, Van Luven and Karahalios)
Creating a work ethic boot camp program within the department of corrections.
The bill was read the second time.
MOTIONS
Senator Adam Smith moved that the following Committee on Law and Justice amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that high crime rates and a heightened sense of vulnerability have led to increased public pressure on criminal justice officials to increase offender punishment and remove the most dangerous criminals from the streets. As a result, there is unprecedented growth in the corrections populations and overcrowding of prisons and local jails. Skyrocketing costs and high rates of recidivism have become issues of major public concern. Attention must be directed towards implementing a long-range corrections strategy that focuses on inmate responsibility through intensive work ethic training.
The legislature finds that many offenders lack basic life skills and have been largely unaffected by traditional correctional philosophies and programs. In addition, many first-time offenders who enter the prison system learn more about how to be criminals than the important qualities, values, and skills needed to successfully adapt to a life without crime.
The legislature finds that opportunities for offenders to improve themselves are extremely limited and there has not been adequate emphasis on alternatives to total confinement for nonviolent offenders.
The legislature finds that the explosion of drug crimes since the inception of the sentencing reform act and the response of the criminal justice system have resulted in a much higher proportion of substance abuse-affected offenders in the state's prisons and jails. The needs of this population differ from those of other offenders and present a great challenge to the system. The problems are exacerbated by the shortage of drug treatment and counseling programs both in and outside of prisons.
The legislature finds that the concept of a work ethic camp that requires the offender to complete an appropriate and balanced combination of highly structured and goal-oriented work programs such as correctional industries based work camps and/or class I and class II work projects, drug rehabilitation, and intensive life management work ethic training, can successfully reduce offender recidivism and lower the overall cost of incarceration.
It is the purpose and intent of sections 1 and 3 through 6 of this act to implement a regimented work ethic camp that is designed to directly address the high rate of recidivism, reduce upwardly spiraling prison costs, preserve scarce and high cost prison space for the most dangerous offenders, and provide judges with a tough and sound alternative to traditional incarceration without compromising public safety.
Sec. 2. RCW 9.94A.030 and 1992 c 145 s 6 and 1992 c 75 s 1 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(2) "Commission" means the sentencing guidelines commission.
(3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.
(5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(8) "Confinement" means total or partial confinement as defined in this section.
(9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction.
(11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.
(12)(a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.
(b) "Criminal history" shall always include juvenile convictions for sex offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(6)(a); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.
(13) "Department" means the department of corrections.
(14) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(15) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(16) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(17) "Escape" means:
(a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(18) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(19) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.
(20)(a) "First-time offender" means any person who is convicted of a felony (i) not classified as a violent offense or a sex offense under this chapter, or (ii) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug or the selling for profit (([of])) of any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, and except as provided in (b) of this subsection, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.
(b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses.
(21) "Nonviolent offense" means an offense which is not a violent offense.
(22) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(23) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.
(24) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
(25) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.
(26) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(27) "Serious violent offense" is a subcategory of violent offense and means:
(a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(28) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(29) "Sex offense" means:
(a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
(b) A felony with a finding of sexual motivation under RCW 9.94A.127; or
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(30) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(31) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(32) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.
(33) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.
(((33))) (34) "Violent offense" means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(((34))) (35) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall be performed on public property or on private property owned or operated by nonprofit entities, except that, for emergency purposes only, work crews may perform snow removal on any private property. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (29) of this section are not eligible for the work crew program.
(((35))) (36) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.
(37) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.
(((36))) (38) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance. Home detention may not be imposed for offenders convicted of a violent offense, any sex offense, any drug offense, reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050, assault in the third degree as defined in RCW 9A.36.031, assault of a child in the third degree, unlawful imprisonment as defined in RCW 9A.40.040, or harassment as defined in RCW 9A.46.020. Home detention may be imposed for offenders convicted of possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403) if the offender fulfills the participation conditions set forth in this subsection and is monitored for drug use by treatment alternatives to street crime (TASC) or a comparable court or agency-referred program.
(a) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW 9A.52.030 or residential burglary conditioned upon the offender: (i) Successfully completing twenty-one days in a work release program, (ii) having no convictions for burglary in the second degree or residential burglary during the preceding two years and not more than two prior convictions for burglary or residential burglary, (iii) having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense, (iv) having no prior charges of escape, and (v) fulfilling the other conditions of the home detention program.
(b) Participation in a home detention program shall be conditioned upon: (i) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender, (ii) abiding by the rules of the home detention program, and (iii) compliance with court-ordered legal financial obligations. The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program, or where the health and welfare of the offender, other inmates, or staff would be jeopardized by the offender's incarceration. Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution.
NEW SECTION. Sec. 3. The department of corrections shall establish one work ethic camp. The secretary shall locate the work ethic camp within an already existing department compound or facility, or in a facility that is scheduled to come on line within the initial implementation date outlined in this section. The facility selected for the camp shall appropriately accommodate the logistical and cost-effective objectives contained in sections 1 and 3 through 6 of this act. The department shall be ready to assign inmates to the camp one hundred twenty days after the effective date of this act. The department shall establish the work ethic camp program cycle to last from one hundred twenty to one hundred eighty days. The department shall develop all aspects of the work ethic camp program including, but not limited to, program standards, conduct standards, educational components including general education development test achievement, offender incentives, drug rehabilitation program parameters, individual and team work goals, techniques for improving the offender's self-esteem, citizenship skills for successful living in the community, measures to hold the offender accountable for his or her behavior, and the successful completion of the work ethic camp program granted to the offender based on successful attendance, participation, and performance as defined by the secretary. The work ethic camp shall be designed and implemented so that offenders are continually engaged in meaningful activities and unstructured time is kept to a minimum. In addition, the department is encouraged to explore the integration and overlay of a military style approach to the work ethic camp.
NEW SECTION. Sec. 4. A new section is added to chapter 9.94A RCW to read as follows:
(1) An offender is eligible to be sentenced to a work ethic camp if the offender:
(a) Is sentenced to a term of total confinement of not less than twenty-two months or more than thirty-six months;
(b) Is between the ages of eighteen and twenty-eight years;
(c) Has no current or prior convictions for any sex offenses or violent offenses; and
(d) Has no prior convictions for any drug offense.
(2) If the sentencing judge determines that the offender is eligible for the work ethic camp and is likely to qualify under subsection (3) of this section, the judge shall impose a sentence within the standard range and may recommend that the offender serve the sentence at a work ethic camp. The sentence shall provide that if the offender successfully completes the program, the department shall convert the period of work ethic camp confinement at the rate of one day of work ethic camp confinement to three days of total standard confinement. The court shall also provide that upon completion of the work ethic camp program, the offender shall be released on community custody for any remaining time of total confinement.
(3) The department shall place the offender in the work ethic camp program, subject to capacity, unless the department determines that the offender has physical or mental impairments that would prevent participation and completion of the program, or the offender refuses to agree to the terms and conditions of the program.
(4) An inmate who fails to complete the work ethic camp program, who is administratively terminated from the program, or who otherwise violates any conditions of supervision, as defined by the department, shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing judge and shall be subject to all rules relating to earned early release time.
(5) The length of the work ethic camp program shall be at least one hundred twenty days and not more than one hundred eighty days. Because of the conversion ratio, earned early release time shall not accrue to offenders who successfully complete the program.
(6) During the last two weeks prior to release from the work ethic camp program the department shall provide the offender with comprehensive transition training.
NEW SECTION. Sec. 5. The work ethic camp program shall employ one hundred percent of all inmates. The employment options available for inmates shall include meaningful work opportunities that provide the offender with real-world skills that help the offender find employment when he or she successfully completes the work ethic camp program. The department shall include in the work ethic
camp program, without limitation, class I, class II, and class IV correctional programs. No more than thirty-five percent of the total inmate population in the facility shall be employed in class III correctional industries programs in the first year and thereafter ten percent less per year until a maximum of ten percent of the inmates are working in this employment class. In addition, work options shall also include department-supervised work crews as defined by the department. These work crews shall have the ability to work on public roads conducting litter control, minor emergency repair or other minor tasks that do not negatively impact employment opportunities for people with developmental disabilities contracted through the operation of sheltered workshops as defined in RCW 82.04.385, or have a negative impact on the local labor market or local business community as assessed by the department correctional industries advisory board of directors. The department shall establish, to the extent possible, programs that will positively impact our natural environment such as, but not limited to, recycling programs and minor environmental cleanup programs. If the department is directed by the legislature to increase the percentage of inmates employed in correctional industries programs, inmates employed through work ethic camps shall not be counted towards this total percentage.
NEW SECTION. Sec. 6. The work ethic camp program established in sections 1 and 3 through 6 of this act shall be considered a pilot alternative incarceration program and remain in effect until July 1, 1998. The department and the office of financial management shall monitor and analyze the effectiveness of the work ethic camp program and complete a final outcome evaluation study by January 15, 1998. The study shall include: The recidivism rates of successful program graduates, analysis of the overall program costs, the ability to maintain public safety, and any other pertinent data established by the department. The department may encourage interested universities to participate in studies that will enhance the effectiveness of the program.
The department of corrections shall seek the availability of federal funds for the planning, implementation, evaluation, and training of staff for work ethic camp programs, substance abuse programs, and offender education programs.
NEW SECTION. Sec. 7. Sections 1, 3, 5, and 6 of this act are each added to chapter 72.09 RCW.
NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993."
On motion of Senator Owen, the following amendments by Senators Owen and Adam Smith to the Committee on Law and Justice striking amendment were considered simultaneously and were adopted:
On page 10, line 28 of the amendment, after "years;" insert "and"
On page 10, beginning on line 30 of the amendment, after "offenses" strike all material through "offense" on line 31
The President declared the question before the Senate to be the adoption of the Committee on Law and Justice striking amendment, as amended, to Engrossed Substitute House Bill No. 1922.
The Committee on Law and Justice striking amendment, as amended, to Engrossed Substitute House Bill No. 1922 was adopted.
MOTIONS
On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "camp;" strike the remainder of the title and insert "reenacting and amending RCW 9.94A.030; adding new sections to chapter 72.09 RCW; adding a new section to chapter 9.94A RCW; providing an effective date; and declaring an emergency."
On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute House Bill No. 1922, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1922, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1922, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 2; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, von Reichbauer, West, Winsley and Wojahn - 43.
Voting nay: Senators McDonald and Williams - 2.
Absent: Senators Moyer and Talmadge - 2.
Excused: Senators Niemi and Vognild - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1922, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8409, by Senators Owen, Erwin and Franklin
Concerning open pit metallic ore mining.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Senate Concurrent Resolution No. 8409 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
The President declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8409.
Senate Concurrent Resolution No. 8409 was adopted by voice vote.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1948, by House Committee on State Government (originally sponsored by Representatives Bray, Ludwig, Rayburn and Grant)
Modifying provisions regarding the state commission on Hispanic affairs.
The bill was read the second time.
MOTIONS
On motion of Senator Haugen, the following Committee on Government Operations amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.115.010 and 1987 c 249 s 1 are each amended to read as follows:
The legislature declares that the public policy of this state is to insure equal opportunity for all of its citizens. ((The legislature finds that Hispanics have unique and special problems. It is the purpose of this chapter to improve the well-being of Hispanics by insuring their participation in the fields of government, business, and education. The legislature further finds that it is necessary to aid Hispanics in obtaining governmental services in order to promote the health, safety and welfare of all the residents of this state.)) The legislature believes that it is the duty of the state to improve the well-being of Hispanics by enabling them to participate fully in all fields of endeavor and assisting them in obtaining governmental services. The legislature further finds that the development of public policy and the delivery of governmental services to meet the special needs of Hispanics can be improved by establishing a focal point in state government for the interests of Hispanics. Therefore the legislature deems it necessary to create a commission to carry out the purposes of this chapter.
Sec. 2. RCW 43.115.030 and 1987 c 249 s 3 are each amended to read as follows:
(1) The commission shall consist of eleven members of Hispanic origin appointed by the governor. ((The membership shall include:
(a) Two members from workers in the agricultural field;
(b) Three members from the general populace of Hispanics, but not of Mexican-American origin;
(c) One member from the field of education;
(d) One member who is a professional from the business community, government employment, or public service;
(e) One member from among elected trade union officials; and
(f) Three members from the Mexican-American community in the state.
(2) Members shall serve for four-year terms and until their successors are chosen and qualified.)) To the extent practicable, appointments to the commission shall be made to achieve a balanced representation based on the Hispanic population distribution within the state, geographic considerations, sex, age, and occupation. Members shall serve three-year terms. No member shall serve more than two full consecutive terms. Vacancies shall be filled in the same manner as the original appointments.
(((3))) (2) Members shall receive reimbursement for travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
(((4))) (3) Six members of the commission shall constitute a quorum for the purpose of conducting business.
Sec. 3. RCW 43.115.040 and 1987 c 249 s 4 are each amended to read as follows:
The commission shall have the following powers and duties:
(1) Elect one of its members to serve as chairman;
(2) ((Appoint a full time director;
(3) Appoint a staff who shall be state employees pursuant to Title 41 RCW; and
(4))) Adopt rules and regulations pursuant to chapter 34.05 RCW;
(3) Examine and define issues pertaining to the rights and needs of Hispanics, and make recommendations to the governor and state agencies for changes in programs and laws;
(4) Advise the governor and state agencies on the development and implementation of policies, plans, and programs that relate to the special needs of Hispanics;
(5) Advise the legislature on issues of concern to the Hispanic community;
(6) Establish relationships with state agencies, local governments, and private sector organizations that promote equal opportunity and benefits for Hispanics; and
(7) Receive gifts, grants, and endowments from public or private sources that are made for the use or benefit of the commission and expend, without appropriation, the same or any income from the gifts, grants, or endowments according to their terms.
NEW SECTION. Sec. 4. A new section is added to chapter 43.115 RCW to read as follows:
(1) The commission shall be administered by an executive director, who shall be appointed by and serve at the pleasure of the governor. The governor shall base the appointment of the executive director on recommendations of the commission. The salary of the executive director shall be set by the governor.
(2) The executive director shall employ a staff, who shall be state employees pursuant to Title 41 RCW. The executive director shall prescribe the duties of the staff as may be necessary to implement the purposes of this chapter.
Sec. 5. RCW 43.131.341 and 1987 c 249 s 8 are each amended to read as follows:
The Washington state commission on Hispanic affairs and its powers and duties shall be terminated on June 30, ((1996)) 2021, as provided in RCW 43.131.342.
Sec. 6. RCW 43.131.342 and 1987 c 249 s 9 are each amended to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((1997)) 2022:
(1) Section 1, chapter 34, Laws of 1971 ex. sess., section 1, chapter 249, Laws of 1987, section 1, chapter . . ., Laws of 1993 (section 1 of this act) and RCW 43.115.010;
(2) Section 2, chapter 34, Laws of 1971 ex. sess., section 2, chapter 249, Laws of 1987 and RCW 43.115.020;
(3) Section 3, chapter 34, Laws of 1971 ex. sess., section 130, chapter 34, Laws of 1975-'76 2nd ex. sess., section 15, chapter 338, Laws of 1981, section 3, chapter 249, Laws of 1987, section 2, chapter . . ., Laws of 1993, (section 2 of this act) and RCW 43.115.030;
(4) Section 4, chapter 34, Laws of 1971 ex. sess., section 4, chapter 249, Laws of 1987, section 3, chapter ..., Laws of 1993 (section 3 of this act) and RCW 43.115.040;
(5) ((Section 5, chapter 34, Laws of 1971 ex. sess., section 5, chapter 249, Laws of 1987 and RCW 43.115.050;
(6))) Section 6, chapter 34, Laws of 1971 ex. sess., section 6, chapter 249, Laws of 1987 and RCW 43.115.060; ((and
(7))) (6) Section 7, chapter 34, Laws of 1971 ex. sess. and RCW 43.115.900; and
(7) Section 4 of this act.
NEW SECTION. Sec. 7. RCW 43.115.050 and 1987 c 249 s 5 & 1971 ex.s. c 34 s 5 are each repealed."
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "affairs;" strike the remainder of the title and insert "amending RCW 43.115.010, 43.115.030, 43.115.040, 43.131.341, and 43.131.342; adding a new section to chapter 43.115 RCW; and repealing RCW 43.115.050."
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1948, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Oke, Senator McCaslin was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1948, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1948, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 44.
Absent: Senators Moyer and Talmadge - 2.
Excused: Senators McCaslin, Niemi and Vognild - 3.
SUBSTITUTE HOUSE BILL NO. 1948, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Oke, Senator Moyer was excused.
SECOND READING
HOUSE BILL NO. 1111, by Representatives Van Luven, Heavey, Schmidt, Riley, Forner, Finkbeiner, Johanson, Campbell and Wood
Protecting pedestrians in crosswalks.
The bill was read the second time.
MOTION
On motion of Senator Nelson, the rules were suspended, House Bill No. 1111 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1111.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1111 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.
Absent: Senator Talmadge - 1.
Excused: Senators McCaslin, Moyer and Niemi - 3.
HOUSE BILL NO. 1111, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Jesernig, Senator Talmadge was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1144, by House Committee on Environmental Affairs (originally sponsored by Representatives Rust, Linville, Leonard, H. Myers, Campbell, Jacobsen, Valle, R. Fisher, Ogden, J. Kohl and Locke) (by request of Office of Marine Safety)
Establishing a field operations program in the office of marine safety.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1144 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1144.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1144 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams and Wojahn - 44.
Absent: Senator Winsley - 1.
Excused: Senators McCaslin, Moyer, Niemi and Talmadge - 4.
SUBSTITUTE HOUSE BILL NO. 1144, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1142, by Representatives Zellinsky, Mielke, R. Meyers and Tate (by request of Department of General Administration, Division of Banking)
Requiring a bond for a license to sell checks, drafts, or money orders.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, House Bill No. 1142 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1142.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1142 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.
Absent: Senator Deccio - 1.
Excused: Senators Moyer, Niemi and Talmadge - 3.
HOUSE BILL NO. 1142, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1350, by House Committee on Fisheries and Wildlife (originally sponsored by Representatives King, Fuhrman, Basich, Wood, Orr, Tate, Johanson and Foreman)
Requiring pink shrimp licenses.
The bill was read the second time.
MOTIONS
On motion of Senator Owen, the following Committee on Natural Resources amendment was adopted:
On page 4, line 33, after "delivery" strike "permits" and insert "licenses"
On motion of Senator Snyder, the following amendment by Senators Snyder, Owen, Oke and Hargrove was adopted:
On page 5, after line 11, insert the following:
"NEW SECTION. Sec. 11. A new section is added to chapter 43.23 RCW to read as follows:
The director of agriculture, in consultation with the director of fisheries and the director of ecology, shall no later than June 1, 1993, develop and implement integrated pest management plans for the control of burrowing shrimp on registered aquatic farms."
Renumber the remaining sections consecutively and correct any internal references accordingly.
MOTIONS
On motion of Senator Owen, the following title amendment was adopted:
On page 1, line 3 of the title, after "75.30 RCW;" insert "adding a new section to chapter 43.23 RCW;"
On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 1350, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1350, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1350, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Excused: Senators Moyer, Niemi and Talmadge - 3.
SUBSTITUTE HOUSE BILL NO. 1350, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1411, by Representatives Pruitt, Morton, R. Johnson, Brown and Brough
Allowing metropolitan park districts to acquire open space, land, or rights to future development.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, House Bill No. 1411 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1411.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1411 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Moyer and Niemi - 2.
HOUSE BILL NO. 1411, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1864, by Representatives Finkbeiner, Dyer, Horn, L. Johnson, Orr, Brumsickle, Cothern, Springer, Mastin, Brough, Long, King and R. Meyers
Affording accelerant detection dogs the same protection as police dogs.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, House Bill No. 1864 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1864.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1864 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Moyer and Niemi - 2.
HOUSE BILL NO. 1864, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 5:08 p.m., on motion of Senator Jesernig, the Senate recessed until 6:00 p.m.
The Senate was called to order at 6:24 p.m. by President Pritchard.
MOTION
On motion of Senator Jesernig, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Moyer, the following resolution was adopted:
SENATE RESOLUTION 1993-8636
By Senators Pelz and Moyer
WHEREAS, The Forum Foundation is a nonprofit, research corporation of Washington State organized in 1970 to improve the functioning of organizations and society; and
WHEREAS, Founders Richard J. Spady, President of The Forum Foundation, and Dr. Cecil H. Bell, Jr., of the University of Washington Graduate School of Business Administration and Vice-President of The Forum Foundation have worked tirelessly to promote new theories and technologies of innovative and effective communication strategies; and
WHEREAS, These new theories of administration and communication have been developed in Washington State to strengthen the effectiveness of new citizen involvement and education applications with the assistance of the late Dr. Stuart C. Dodd, professor-emeritus of sociology at the University of Washington; and
WHEREAS, A new communication technology called the "Fast Forum" technique, developed at the University of Washington Academic Computing Services beginning in 1970 and continuing there today, has emerged from these theories; and
WHEREAS, This communication technology facilitates the exchange of ideas among people in large and diverse groups, improves citizen participation, and has been used successfully by the municipalities of Redmond and Kent, and the Republic of Kryrgyzstan of the Commonwealth of Independent States; and
WHEREAS, The application of this communication technology to enhance citizenship education and critical-thinking curriculum materials for secondary schools in our state and elsewhere holds great promise;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, that the members of The Forum Foundation be recognized for their excellent work and research to improve communication in organizations and society, and that copies of this resolution be immediately transmitted by the Secretary of the Senate to the Governor, the Department of Community Development, the Superintendent of Public Instruction, Richard J. Spady, and Dr. Cecil H. Bell, Jr. to encourage the further innovative research of The Forum Foundation in citizenship education programs for communities and educational programs in schools.
There being no objection, the President returned the Senate to the sixth order of business.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1374, by House Committee on Education (originally sponsored by Representatives Brough and Peery)
Changing provisions relating to the teacher admission to practice examination.
The bill was read the second time.
MOTION
Senator Pelz moved that the following Committee on Education amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that development of an assessment for purposes of acquiring an initial teaching certificate is an issue that merits consideration. However, the legislature also finds that to pursue development and implementation of such an assessment at this point in time is premature in light of the state's commitment to develop a performance-based education system. Therefore, it is the intent of the legislature to repeal the existing requirement for an admission-to-practice examination. The state board of education shall monitor the development of a performance-based education system and report to the legislature by January 1, 1997, with recommendations for developing an individual assessment leading to initial teacher certification that is consistent with a performance-based education system.
NEW SECTION. Sec. 2. RCW 28A.410.030 and 1991 c 116 s 21 & 1987 c 525 s 203 are each repealed."
POINT OF ORDER
Senator Talmadge: "A point of order, Mr. President. I believe the Senate committee amendment expands the scope and object of the bill. To explain, Mr. President, I think Senator Pelz was very candid. The original version of the bill was meant to clarify the requirements for the Teacher Entrance to Practice Examination and the intent of the House was to clarify that, so that the Teacher Entrance to Practice Examination could take place, I believe, starting in 1995 was the intention of the
original bill. The Senate committee amendment repeals the Entrance to Practice Examination entirely. I think, clearly, that expands the scope and object of the original legislation, which was merely to clarify and continue the existing test."
Further debate ensued.
MOTION
On motion of Senator Jesernig, further consideration of Engrossed Substitute House Bill No. 1374 was deferred.
SECOND READING
HOUSE BILL NO. 1212, by Representatives Dorn, Brumsickle, Hansen, Chappell, Lisk, Grant, Riley, Rayburn, Rust and Kremen
Changing the approval authority for state allocations for youth shows and fairs.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, House Bill No. 1212 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1212.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1212 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Absent: Senators Prince and Smith, A. - 2.
Excused: Senator Niemi - 1.
HOUSE BILL NO. 1212, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Oke, Senator Prince was excused.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1294, by House Committee on Appropriations (originally sponsored by Representatives Locke, Mielke, Orr, Heavey, Scott, Quall, Chappell, R. Fisher, R. Meyers, Ludwig, R. Johnson, Wood, Grant, Riley, King, Mastin, Forner, Franklin, Karahalios, Jacobsen, Zellinsky, Romero, Johanson, Morris, Flemming, Leonard, Brown, Finkbeiner, Holm, Eide, G. Cole, Ogden, Jones, Wang, Sheldon, Bray, G. Fisher, Long, Dellwo, Roland, Tate, Springer, Thibaudeau, L. Johnson, J. Kohl, Veloria, Dunshee, Basich, Campbell, Kessler, H. Myers, Vance, Brough, Dorn, Hansen, Schmidt, Cooke, Casada, Edmondson, Carlson and Brumsickle)
Changing provisions in LEOFF Plan II to allow retirement at age fifty.
The bill was read the second time.
MOTION
On motion of Senator Spanel, the rules were suspended, Engrossed Substitute House Bill No. 1294 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1294.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1294 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.
Voting nay: Senators Barr, Bluechel, Cantu, Hochstatter and Newhouse - 5.
Excused: Senators Niemi and Prince - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1294, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5888, by Senators Gaspard, Rinehart, Bauer, Snyder and Anderson
Relating to improvement of retirement systems benefits.
MOTIONS
On motion of Senator Rinehart, Substitute Senate Bill No. 5888 was substituted for Senate Bill No. 5888 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rinehart, the following amendment by Senators Rinehart and Gaspard was adopted:
Strike everything after the enacting clause and insert the following:
"PART I - COST-OF-LIVING ADJUSTMENT EXTENSION
NEW SECTION. Sec. 1. The benefit adjustment granted by sections 711(1) and 712(1), chapter 232, Laws of 1992 (uncodified) being received by plan I beneficiaries as of June 30, 1993, unless otherwise improper, shall be continued through June 30, 1995.
PART II - NEW TEMPORARY COST-OF-LIVING ADJUSTMENT
NEW SECTION. Sec. 2. A new section is added to chapter 41.32 RCW under the subchapter heading "Plan I" to read as follows:
(1) Effective July 1, 1993, through June 30, 1995, the monthly benefit of each plan I beneficiary under this chapter is increased three dollars per month per year of creditable service established by the member, reflecting any actuarial reduction made or survivor option taken, if the beneficiary:
(a) Is not receiving a minimum benefit under RCW 41.32.487 or cost-of-living adjustment under RCW 41.32.575; and
(b) Is at least age seventy as of July 1, 1993; and
(c) Was receiving benefits as of July 1, 1988; and
(d) Is not a recipient of the temporary disability under RCW 41.32.540.
(2) Any fraction of a year is counted in the computation of this adjustment.
NEW SECTION. Sec. 3. A new section is added to chapter 41.40 RCW under the subchapter heading "Plan I" to read as follows:
(1) Effective July 1, 1993, through June 30, 1995, the monthly benefit of each plan I beneficiary under this chapter is increased three dollars per month per year of creditable service established by the member, reflecting any actuarial reduction made or survivor option taken, if the beneficiary:
(a) Is not receiving a minimum benefit under RCW 41.40.198 or cost-of-living adjustment under RCW 41.40.325; and
(b) Is at least age seventy as of July 1, 1993; and
(c) Was receiving benefits as of July 1, 1988.
(2) Any fraction of a year is counted in the computation of this adjustment.
PART III - EARLY RETIREMENT
NEW SECTION. Sec. 4. (1) Subject to subsection (2) of this section, in addition to members eligible to retire under RCW 41.40.180, any member of the public employees' retirement system plan I who meets the following criteria may retire after providing written notification to the member's employer and submitting the required application to the director on a form provided by the department:
(a) The member is employed by an employer in an eligible position on March 1, 1993; and
(b) The member has: (i) Attained the age of fifty-five years and completed five service credit years of service; (ii) completed twenty-five service credit years of service; or (iii) attained the age of fifty years and completed twenty service credit years of service.
(2) A member who wishes to apply for retirement under subsection (1) of this section who is employed by a school district must submit the required notification and application form no later than July 1, 1993, setting forth that the member shall be retired no later than August 31, 1993. A member employed by any employer other than a school district must submit the required notification and application no later than August 31, 1993, setting forth that the member shall be retired no later than December 31, 1993.
NEW SECTION. Sec. 5. Section 4 of this act is added to chapter 41.40 RCW, but because of its temporary nature, shall not be codified.
NEW SECTION. Sec. 6. (1) Subject to subsection (2) of this section, in addition to members eligible to retire under RCW 41.32.480, any member of the teachers' retirement system plan I who meets the following criteria may retire after providing written notification to the member's employer and submitting the required application to the director on a form provided by the department:
(a) The member is employed by an employer on March 1, 1993, and is not a substitute teacher; and
(b) The member has: (i) Attained the age of fifty-five years and completed five service credit years of service; (ii) completed twenty-five service credit years of service; or (iii) attained the age of fifty years and completed twenty service credit years of service.
(2) A member who wishes to apply for retirement under subsection (1) of this section must submit the required notification and application form no later than July 1, 1993, setting forth that the member shall be retired no later than August 31, 1993. A member employed by any employer other than a school district must submit the required notification and application no later than August 31, 1993, setting forth that the member shall be retired no later than December 31, 1993.
NEW SECTION. Sec. 7. Section 6 of this act is added to chapter 41.32 RCW, but because of its temporary nature, shall not be codified.
NEW SECTION. Sec. 8. The office of the state actuary shall study the actual utilization of the early retirement offered by this act, the replacement of persons who utilized the early retirement, and the fiscal and programmatic impact of early retirement on the state, local governments, and school districts. The office of financial management and the office of the superintendent of public instruction shall provide technical assistance and information to the office of the state actuary for the study required in this section. An initial report on the study shall be submitted to the joint committee on pension policy and the fiscal committees of the legislature by December 31, 1993, and the final report on the study shall be submitted to the same committees by October 1, 1994.
NEW SECTION. Sec. 9. In order to ensure that the state derives the expected benefits from the early retirement provisions of this act, no state agency may engage through personal service contracts persons who retire from service under the provisions of this act. Exceptions to this section may be granted by written approval from the director of the office of financial management if the director finds that the proposed contract is necessary to protect the public safety, protect against the loss of federal certification or loss of critical federal funds, or carry out functions so essential to the agency that even temporary suspension or delay of services would have a significant negative impact on the public. At the end of each three-month period in which exceptions are approved, the director shall forward a copy of any approvals, together with justification for the exceptions, to the fiscal committees of the legislature. Each forwarded approval shall include the name of the proposed contractor, the agency and division or department requesting the contract, duration and cost of the proposed contract, and specific functions and duties to be carried out under the contract. This section shall expire June 30, 1995.
NEW SECTION. Sec. 10. Section 9 of this act is added to chapter 39.29 RCW, but because of its temporary nature, shall not be codified.
NEW SECTION. Sec. 11. In order to ensure that the state derives the expected benefits from the early retirement provisions of this act, no board of directors of a school district or educational service district may engage through personal service contracts persons who retire from service under the provisions of this act. Exceptions to this section may be granted by written approval from the superintendent of public instruction if the superintendent finds that the proposed contract is necessary to protect student safety, protect against the loss of school district certification or loss of federal funds, or carry out functions so essential to the district that even temporary suspension or delay of services would have a significant negative impact on students. At the end of each three-month period in which exceptions are approved, the superintendent shall forward a copy of any approvals, together with justification for the exceptions, to the office of financial management and the fiscal committees of the legislature. Each forwarded approval shall include the name of the proposed contractor, the district requesting the contract, duration and cost of the proposed contract, and specific functions and duties to be carried out under the contract. This section shall expire August 31, 1995.
NEW SECTION. Sec. 12. Section 11 of this act is added to chapter 28A.400 RCW, but because of its temporary nature, shall not be codified.
Sec. 13. RCW 43.01.170 and 1992 c 234 s 11 are each amended to read as follows:
In order to ensure that the state derives the expected benefits from the early retirement provisions of chapter 234, Laws of 1992, and chapter . . ., Laws of 1993 (this act), no state agency may hire persons who retire from ((state)) service under the provisions of chapter 234, Laws of 1992, or chapter . . ., Laws of 1993 (this act), as temporary or project employees, as defined by the state personnel board for employees covered under chapter 41.06 RCW ((and)), by the higher education personnel board for employees covered under chapter 28B.16 RCW, and by the employer for persons not covered under chapter 28B.16 RCW who are employed by institutions of higher education or community or technical colleges. Exceptions to this section may be granted by written approval from the director of the office of financial management if the director finds that the temporary or project employment of a retiree is necessary to protect the public safety, protect against the loss of federal certification or loss of critical federal funds, or carry out functions so essential to the agency that even temporary suspension or delay of services would have a significant negative impact on the public. At the end of each three-month period in which exceptions are approved, the director shall forward a copy of any approvals, together with justification for the exceptions, to the fiscal committees of the legislature. Each forwarded approval shall include the name of the temporary or project employee, the agency and division or department requesting the employment, duration and cost of the proposed employment, and specific functions and duties to be carried out during the employment. This section shall expire June 30, 1995.
Sec. 14. RCW 28A.400.212 and 1992 c 234 s 13 are each amended to read as follows:
An employee of a school district that has established an attendance incentive program under RCW 28A.400.210 who retires under section 1 or 3, chapter 234, Laws of 1992, or section 4 or 6 of this act shall receive, at the time of his or her separation from school district employment, not less than one-half of the remuneration for accrued leave for illness or injury payable to him or her under the district's incentive program. The school district board of directors may, at its discretion, pay the remainder of such an employee's remuneration for accrued leave for illness or injury after the time of the employee's separation from school district employment, but the employee or the employee's estate is entitled to receive the remainder of the remuneration no later than the date the employee would have been eligible to retire under the provisions of RCW 41.40.180 or 41.32.480 had the employee continued to work for the district until eligible to retire, or three years following the date of the employee's separation from school district employment, whichever occurs first. A district exercising its discretion under this section to pay the remainder of the remuneration after the time of the employee's separation from school district employment shall establish a policy and procedure for paying the remaining remuneration that applies to all affected employees equally and without discrimination. Any remuneration paid shall be based on the number of days of leave the employee had accrued and the compensation the employee received at the time he or she retired under section 1 or 3, chapter 234, Laws of 1992, or section 4 or 6 of this act.
PART IV - CITIES' PORTABILITY
Sec. 15. RCW 41.54.061 and 1990 c 192 s 3 are each amended to read as follows:
(1) The cities of Seattle, Spokane, and Tacoma shall each have the option of making an irrevocable election to have its employee retirement system included in the coverage of this chapter by adopting a resolution transmitting it to the director and the joint committee on pension policy prior to December ((1, 1990)) 31, 1993.
The resolution shall indicate the city's desire to be covered by this chapter and its willingness to pay for the additional cost it may incur as a result of the benefits provided by this chapter.
(2) This chapter shall become effective on January 1, ((1991)) 1994, for each city which adopts a resolution pursuant to subsection (1) of this section. ((However, if all three cities adopt such resolutions prior to June 1, 1990, the provisions of this chapter shall become effective for those systems on July 1, 1990.))
Sec. 16. RCW 41.54.040 and 1990 c 192 s 5 are each amended to read as follows:
(1) ((Except where subsection (4) of this section applies,)) The retirement allowances calculated under RCW 41.54.030 shall be paid separately by each respective current and prior system. Any deductions from such separate payments shall be according to the provisions of the respective systems.
(2) Postretirement adjustments, if any, shall be applied by the respective systems based on the payments made under subsection (1) of this section.
(3) If a dual member dies in service in any system, the surviving spouse shall receive the same benefit from each system that would have been received if the member were active in the system at the time of death based on service actually established in that system. However, this subsection does not make a surviving spouse eligible for the survivor benefits provided in RCW 43.43.270.
(4) The department shall adopt rules under chapter 34.05 RCW to ensure that where a dual member has service in a system established under chapter 41.32, 41.40, 41.44, or 43.43 RCW and service under the city employee retirement system for Seattle, Tacoma, or Spokane, the ((entire)) additional cost incurred as a result of the dual member receiving a benefit under this chapter shall be borne by the ((city)) retirement system ((that the person is a member of)) incurring the additional cost.
PART V - RETIREMENT CONTRIBUTION RATES
Sec. 17. RCW 41.45.030 and 1989 c 273 s 3 are each amended to read as follows:
(1) ((The economic and revenue forecast council shall adopt the economic assumptions used by the state actuary in conducting valuation studies of the state retirement systems.
(2))) Beginning September 1, 1989, and every six years thereafter, the state actuary shall submit to the council information regarding the experience and financial condition of each state retirement system.
(2) The council shall review the information submitted by the state actuary and shall ((recommend any adjustments which may be needed to the state or employer contribution rates contained in RCW 41.45.060 and 41.45.070 for the public employees' retirement system; the teachers' retirement system; the law enforcement officers' and fire fighters' retirement system; and the Washington state patrol retirement system)) adopt the economic assumptions used by the state actuary in conducting valuation studies of the state retirement systems.
(3) The council may utilize information provided by the state actuary and such other information as it may request.
Sec. 18. RCW 41.45.040 and 1989 c 273 s 4 are each amended to read as follows:
(1) The adoption of the economic assumptions and the ((recommendation of changes in employer and state)) contribution rates as provided in RCW 41.45.060 shall be by affirmative vote of at least five members of the council.
(2) The employer and state contribution rates ((recommended)) adopted by the council shall be the level percentages of pay which are needed:
(a) To fully amortize the total costs of the public employees' retirement system plan I, the teachers' retirement system plan I, the law enforcement officers' and fire fighters' retirement system plan I, and the unfunded liability of the Washington state patrol retirement system not later than June 30, 2024; and
(b) To also continue to fully fund the public employees' retirement system plan II, the teachers' retirement system plan II, and the law enforcement officers' and fire fighters' retirement system plan II in accordance with the provisions of RCW 41.40.650, 41.32.775, and 41.26.450, respectively.
Sec. 19. RCW 41.45.060 and 1992 c 239 s 2 are each amended to read as follows:
((Beginning July)) (1) For the period of September 1, 1993, through August 31, 1995, the basic state contribution rate for the law enforcement officers' and fire fighters' retirement system, and the basic employer contribution rates for the public employees' retirement system, the teachers' retirement system, and the Washington state patrol retirement system shall be as ((follows:
(1) 7.47% for all members of the public employees' retirement system;
(2) 12.60% for all members of the teachers' retirement system;
(3) 16.44% for all members of the law enforcement officers' and fire fighters' retirement system; and
(4) 15.53% for all members of the Washington state patrol retirement system)) determined in the 1991 valuations prepared by the office of the state actuary.
(2) Not later than September 30, 1994, and every two years thereafter:
(a) The council shall adopt the contributions to be used in the ensuing biennial period for the systems specified in subsection (1) of this section.
(b) The council shall immediately notify the directors of the office of financial management and department of retirement systems of the state and employer contribution rates adopted under (a) of this subsection.
(c) The director of the department of retirement systems shall collect those rates adopted by the council under this chapter.
Sec. 20. RCW 41.45.0601 and 1992 c 239 s 1 are each amended to read as follows:
Beginning September 1, 1992, through ((June 30)) August 31, 1993, the basic state contribution rate for the law enforcement officers' and fire fighters' retirement system, and the basic employer contribution rates for the public employees' retirement system, the teachers' retirement system, and the Washington state patrol retirement system shall be as follows:
(1) 7.27% for all members of the public employees' retirement system;
(2) 12.08% for all members of the teachers' retirement system;
(3) 12.99% for all members of the law enforcement officers' and fire fighters' retirement system; and
(4) 17.16% for all members of the Washington state patrol retirement system.
NEW SECTION. Sec. 21. A new section is added to chapter 41.50 RCW to read as follows:
The director shall inform all employers in writing as to the employer rates adopted by the economic and revenue forecast council upon the notification of the council as prescribed in RCW 41.45.060.
PART VI - STATE INVESTMENT BOARD
Sec. 22. RCW 43.33A.020 and 1985 c 195 s 1 are each amended to read as follows:
There is hereby created the state investment board to consist of ((fourteen)) sixteen members to be appointed as provided in this section.
(1) One member who is an active member of the public employees' retirement system and has been an active member for at least five years. This member shall be appointed by the governor, subject to confirmation by the senate, from a list of nominations submitted by organizations representing active members of the system. The initial term of appointment shall be one year.
(2) One member who is an active member of the law enforcement officers' and fire fighters' retirement system and has been an active member for at least five years. This member shall be appointed by the governor, subject to confirmation by the senate, from a list of nominations submitted by organizations representing active members of the system. The initial term of appointment shall be two years.
(3) One member who is an active member of the teachers' retirement system and has been an active member for at least five years. This member shall be appointed by the superintendent of public instruction subject to confirmation by the senate. The initial term of appointment shall be three years.
(4) The state treasurer or the assistant state treasurer if designated by the state treasurer.
(5) ((A)) Two members of the state house of representatives((. This member shall be)) appointed by the speaker of the house of representatives, one from each of the majority and minority parties.
(6) ((A)) Two members of the state senate((. This member shall be)) appointed by the president of the senate, one from each of the majority and minority parties.
(7) One member who is a retired member of a state retirement system shall be appointed by the governor, subject to confirmation by the senate. The initial term of appointment shall be three years.
(8) The director of the department of labor and industries.
(9) The director of the department of retirement systems.
(10) Five nonvoting members appointed by the state investment board who are considered experienced and qualified in the field of investments.
The legislative members shall serve terms of two years. The initial legislative members appointed to the board shall be appointed no sooner than January 10, 1983. The position of a legislative member on the board shall become vacant at the end of that member's term on the board or whenever the member ceases to be a member of the senate or house of representatives from which the member was appointed.
After the initial term of appointment, all other members of the state investment board, except ex officio members, shall serve terms of three years and shall hold office until successors are appointed. Members' terms, except for ex officio members, shall commence on January 1 of the year in which the appointments are made.
Members may be reappointed for additional terms. Appointments for vacancies shall be made for the unexpired terms in the same manner as the original appointments. Any member may be removed from the board for cause by the member's respective appointing authority.
Sec. 23. RCW 43.33A.040 and 1981 c 219 s 2 are each amended to read as follows:
(1) A quorum to conduct the business of the state investment board consists of at least ((four voting members of the board before January 10, 1983, and five)) six voting members ((thereafter)). No action may be taken by the board without the affirmative vote of ((four members before January 10, 1983, and five)) at least six members ((thereafter)).
(2) The state investment board shall meet at least quarterly at such times as it may fix. The board shall elect a chairperson and vice chairperson annually: PROVIDED, That the legislative members are not eligible to serve as chairperson.
PART VII - MISCELLANEOUS
NEW SECTION. Sec. 24. Part headings as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 25. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
MOTIONS
On motion of Senator Rinehart, the following title amendment was adopted:
On page 1, line 1 of the title, after "benefits;" strike the remainder of the title and insert "amending RCW 43.01.170, 28A.400.212, 41.54.061, 41.54.040, 41.45.030, 41.45.040, 41.45.060, 41.45.0601, 43.33A.020, and 43.33A.040; adding a new section to chapter 41.32 RCW; adding a new section to chapter 41.40 RCW; adding a new section to chapter 41.50 RCW; creating new sections; and declaring an emergency."
On motion of Senator Rinehart, the rules were suspended, Engrossed Substitute Senate Bill No. 5888 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5888.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5888 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Niemi and Prince - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5888, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1012, by House Committee on Health Care (originally sponsored by Representatives Appelwick, King and Jacobsen)
Adopting the uniform anatomical gift act.
The bill was read the second time.
MOTIONS
On motion of Senator Talmadge, the following Committee on Health and Human Service amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) The demand for donor organs and body parts exceeds the available supply for transplant.
(2) The discussion regarding advance directives including anatomical gifts is most appropriate with the primary care provider during an office visit.
(3) Federal law requires hospitals, skilled nursing facilities, home health agencies, and hospice programs to provide information regarding advance directives.
(4) Discretion and sensitivity must be used in discussion and requests for anatomical gifts.
The legislature declares that it is in the best interest of the citizens of Washington to provide a program that will increase the number of anatomical gifts available for donation, and the legislature further declares that wherever possible policies and procedures required in this chapter shall be consistent with the federal requirements.
NEW SECTION. Sec. 2. Unless the context requires otherwise, the definitions in this section apply throughout sections 1 through 16 of this act.
(1) "Anatomical gift" means a donation of all or part of a human body to take effect upon or after death.
(2) "Decedent" means a deceased individual.
(3) "Document of gift" means a card, a statement attached to or imprinted on a motor vehicle operator's license, a will, or other writing used to make an anatomical gift.
(4) "Donor" means an individual who makes an anatomical gift of all or part of the individual's body.
(5) "Enucleator" means an individual who is qualified to remove or process eyes or parts of eyes.
(6) "Hospital" means a facility licensed under chapter 70.41 RCW, or as a hospital under the law of any state or a facility operated as a hospital by the United States government, a state, or a subdivision of a state.
(7) "Part" means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a human body.
(8) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision or agency, or any other legal or commercial entity.
(9) "Physician" or "surgeon" means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathy and surgery under chapters 18.71 and 18.57 RCW.
(10) "Procurement organization" means a person licensed, accredited, or approved under the laws of any state for procurement, distribution, or storage of human bodies or parts.
(11) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(12) "Technician" means an individual who is qualified to remove or process a part.
NEW SECTION. Sec. 3. (1) An individual who is at least eighteen years of age may (a) make an anatomical gift for any of the purposes stated in section 6(1) of this act, (b) limit an anatomical gift to one or more of those purposes, or (c) refuse to make an anatomical gift.
(2) An anatomical gift may be made by a document of gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another individual and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.
(3) If a document of gift is attached to or imprinted on a donor's motor vehicle operator's license, the document of gift must comply with subsection (2) of this section. Revocation, suspension, expiration, or cancellation of the license does not invalidate the anatomical gift.
(4) The donee or other person authorized to accept the anatomical gift may employ or authorize a physician, surgeon, technician, or enucleator to carry out the appropriate procedures.
(5) An anatomical gift by will takes effect upon death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
(6) A donor may amend or revoke an anatomical gift, not made by will, by:
(a) A signed statement;
(b) An oral statement made in the presence of two individuals;
(c) Any form of communication during a terminal illness or injury; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
(7) The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills, or as provided in subsection (6) of this section.
(8) An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of a person after the donor's death.
(9) An individual may refuse to make an anatomical gift of the individual's body or part by (a) a writing signed in the same manner as a document of gift, (b) a statement attached to or imprinted on a donor's motor vehicle operator's license, or (c) another writing used to identify the individual as refusing to make an anatomical gift. During a terminal illness or injury, the refusal may be an oral statement or other form of communication.
(10) In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under section 4 of this act.
(11) In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to subsection (9) of this section.
NEW SECTION. Sec. 4. (1) A member of the following classes of persons, in the order of priority listed, absent contrary instructions by the decedent, may make an anatomical gift of all or a part of the decedent's body for an authorized purpose, unless the decedent, at the time of death, had made an unrevoked refusal to make that anatomical gift:
(a) The appointed guardian of the person of the decedent at the time of death;
(b) The individual, if any, to whom the decedent had given a durable power of attorney that encompassed the authority to make health care decisions;
(c) The spouse of the decedent;
(d) A son or daughter of the decedent who is at least eighteen years of age;
(e) Either parent of the decedent;
(f) A brother or sister of the decedent who is at least eighteen years of age;
(g) A grandparent of the decedent.
(2) An anatomical gift may not be made by a person listed in subsection (1) of this section if:
(a) A person in a prior class is available at the time of death to make an anatomical gift;
(b) The person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent; or
(c) The person proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the person's class or a prior class.
(3) An anatomical gift by a person authorized under subsection (1) of this section must be made by (a) a document of gift signed by the person or (b) the person's telegraphic, recorded telephonic, or other recorded message, or other form of communication from the person that is contemporaneously reduced to writing and signed by the recipient of the communication.
(4) An anatomical gift by a person authorized under subsection (1) of this section may be revoked by a member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, surgeon, technician, or enucleator removing the part knows of the revocation.
(5) A failure to make an anatomical gift under subsection (1) of this section is not an objection to the making of an anatomical gift.
NEW SECTION. Sec. 5. (1) On or before admission to a hospital, or as soon as possible thereafter, a person designated by the hospital shall ask each patient who is at least eighteen years of age: "Are you an organ or tissue donor?" If the answer is affirmative the person shall request a copy of the document of gift. If the answer is negative or there is no answer, the person designated shall provide the patient information about the right to make a gift and shall ask the patient if he or she wishes to become an anatomical parts donor. If the answer is affirmative, the person designated shall provide a document of gift to the patient. The answer to the questions, an available copy of any document of gift or refusal to make an anatomical gift, and any other relevant information shall be placed in the patient's medical record.
(2) If, at or near the time of death of a patient, there is no medical record that the patient has made or refused to make an anatomical gift, the hospital administrator or a representative designated by the administrator shall discuss the option to make or refuse to make an anatomical gift and request the making of an anatomical gift under section 4(1) of this act. The request shall be made with reasonable discretion and sensitivity to the circumstances of the family. A request is not required if the gift is not suitable, based upon accepted medical standards, for a purpose specified in section 6 of this act. An entry shall be made in the medical record of the patient, stating the name and affiliation of the individual making the request, and of the name, response, and relationship to the patient of the person to whom the request was made. The secretary of the department of health shall adopt rules to implement this subsection.
(3) The following persons shall make a reasonable search of the individual and his or her personal effects for a document of gift or other information identifying the bearer as a donor or as an individual who has refused to make an anatomical gift:
(a) The agency assuming jurisdiction over the decedent, such as the coroner or medical examiner; or
(b) A hospital, upon the admission of an individual at or near the time of death, if there is not immediately available another source of that information.
(4) If a document of gift or evidence of refusal to make an anatomical gift is located by the search required by subsection (3)(a) of this section, and the individual or body to whom it relates is taken to a hospital, the hospital shall be notified of the contents and the document or other evidence shall be sent to the hospital.
(5) If, at or near the time of death of a patient, a hospital knows that an anatomical gift has been made under section 4(1) of this act, or that a patient or an individual identified as in transit to the hospital is a donor, the hospital shall notify the donee if one is named and known to the hospital; if not, it shall notify an appropriate procurement organization. The hospital shall cooperate in the procurement of the anatomical gift or release and removal of a part.
(6) A person who fails to discharge the duties imposed by this section is not subject to criminal or civil liability.
(7) Hospitals shall develop policies and procedures to implement this section.
NEW SECTION. Sec. 6. (1) The following persons may become donees of anatomical gifts for the purposes stated:
(a) A hospital, physician, surgeon, or procurement organization for transplantation, therapy, medical or dental education, research, or advancement of medical or dental science;
(b) An accredited medical or dental school, college, or university for education, research, or advancement of medical or dental science; or
(c) A designated individual for transplantation or therapy needed by that individual.
(2) An anatomical gift may be made to a designated donee or without designating a donee. If a donee is not designated or if the donee is not available or rejects the anatomical gift, the anatomical gift may be accepted by any hospital.
(3) If the donee knows of the decedent's refusal or contrary indications to make an anatomical gift or that an anatomical gift made by a member of a class having priority to act is opposed by a member of the same class or a prior class under section 4(1) of this act, the donee may not accept the anatomical gift.
NEW SECTION. Sec. 7. (1) Delivery of a document of gift during the donor's lifetime is not required for the validity of an anatomical gift.
(2) If an anatomical gift is made to a designated donee, the document of gift, or a copy, may be delivered to the donee to expedite the appropriate procedures after death. The document of gift, or a copy, may be deposited in a hospital, procurement organization, or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of an interested person, upon or after the donor's death, the person in possession shall allow the interested person to examine or copy the document of gift.
NEW SECTION. Sec. 8. (1) Rights of a donee created by an anatomical gift are superior to rights of others except when under the jurisdiction of the coroner or medical examiner. A donee may accept or reject an anatomical gift. If a donee accepts an anatomical gift of an entire body, the donee, subject to the terms of the gift, may allow embalming and use of the body in funeral services. If the gift is of a part of a body, the donee, upon the death of the donor and before embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the person under obligation to dispose of the body.
(2) The time of death must be determined by a physician or surgeon who attends the donor at death or, if none, the physician or surgeon who certifies the death. Neither the physician or surgeon who attends the donor at death nor the physician or surgeon who determines the time of death may participate in the procedures for removing or transplanting a part.
(3) If there has been an anatomical gift, a technician may remove any donated parts and an enucleator may remove any donated eyes or parts of eyes, after determination of death by a physician or surgeon.
NEW SECTION. Sec. 9. Each hospital in this state, after consultation with other hospitals and procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts.
NEW SECTION. Sec. 10. (1) A person may not knowingly, for valuable consideration, purchase or sell a part for transplantation or therapy, if removal of the part is intended to occur after the death of the decedent.
(2) Valuable consideration does not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transportation, or implantation of a part.
(3) A person who violates this section is guilty of a felony and upon conviction is subject to a fine not exceeding fifty thousand dollars or imprisonment not exceeding five years, or both.
NEW SECTION. Sec. 11. (1) An anatomical gift authorizes reasonable examination necessary to assure medical acceptability of the gift for the purposes intended.
(2) The provisions of sections 1 through 16 of this act are subject to the laws of this state governing the jurisdiction of the coroner or medical examiner.
(3) A hospital, physician, surgeon, coroner, medical examiner, local public health officer, enucleator, technician, or other person, who acts in accordance with sections 1 through 16 of this act or with the applicable anatomical gift law of another state or a foreign country or attempts in good faith to do so, is not liable for that act in a civil action or criminal proceeding.
(4) An individual who makes an anatomical gift under section 3 or 4 of this act and the individual's estate are not liable for injury or damage that may result from the making or the use of the anatomical gift.
NEW SECTION. Sec. 12. Sections 1 through 16 of this act apply to a document of gift, revocation, or refusal to make an anatomical gift signed by the donor or a person authorized to make or object to making an anatomical gift before, on, or after the effective date of this section.
NEW SECTION. Sec. 13. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 15. In any case where a patient is in need of corneal tissue for a transplantation, corneal tissue may be provided by eye banks licensed by the secretary of health under rules promulgated by the department of health.
NEW SECTION. Sec. 16. Sections 1 through 15 of this act may be cited as the "uniform anatomical gift act."
NEW SECTION. Sec. 17. Sections 1 through 16 of this act are each added to chapter 68.50 RCW.
Sec. 18. RCW 46.20.113 and 1987 c 331 s 81 are each amended to read as follows:
The department of licensing shall provide a statement whereby the licensee may certify ((in the presence of two witnesses)) his or her willingness to make an anatomical gift under ((RCW 68.50.370)) section 3 of this act, as now or hereafter amended. The department shall provide the statement in at least one of the following ways:
(1) On each driver's license; or
(2) With each driver's license; or
(3) With each in-person driver's license application.
Sec. 19. RCW 68.50.106 and 1987 c 331 s 59 are each amended to read as follows:
In any case in which an autopsy or post mortem is performed, the coroner or medical examiner, upon his or her own authority or upon the request of the prosecuting attorney or other law enforcement agency having jurisdiction, may make or cause to be made an analysis of the stomach contents, blood, or organs, or tissues of a deceased person and secure professional opinions thereon and retain or dispose of any specimens or organs of the deceased which in his or her discretion are desirable or needful for anatomic, bacteriological, chemical, or toxicological examination or upon lawful request are needed or desired for evidence to be presented in court. ((When the autopsy or post mortem requires examination in the region of the pituitary gland, that gland may be removed and utilized for any desirable or needful purpose: PROVIDED, That a reasonable effort to obtain consent as required under RCW 68.50.350 shall be made if that organ is to be so utilized.)) Costs shall be borne by the county.
Sec. 20. RCW 68.50.500 and 1987 c 331 s 71 are each amended to read as follows:
Each hospital shall develop procedures for identifying potential ((organ and tissue)) anatomical parts donors. The procedures shall require that any deceased individual's next of kin or other individual, as set forth in ((RCW 68.50.350)) section 4 of this act, and the medical record does not specify the deceased as a donor, at or near the time of notification of death be asked whether the deceased was ((an organ)) a part donor. If not, the family shall be informed of the option to donate ((organs and tissues)) parts pursuant to the uniform anatomical gift act. With the approval of the designated next of kin or other individual, as set forth in ((RCW 68.50.350)) section 4 of this act, the hospital shall then notify an established ((eye bank, tissue bank, or organ procurement agency)) procurement organization including those organ procurement agencies associated with a national organ procurement transportation network or other eligible donee, as specified in ((RCW 68.50.360)) section 6 of this act, and cooperate in the procurement of the anatomical gift or gifts. The procedures shall encourage reasonable discretion and sensitivity to the family circumstances in all discussions regarding donations of ((tissue or organs)) parts. The procedures may take into account the deceased individual's religious beliefs or obvious nonsuitability for ((organ and tissue)) an anatomical parts donation. Laws pertaining to the jurisdiction of the coroner shall be complied with in all cases of reportable deaths pursuant to RCW 68.50.010.
NEW SECTION. Sec. 21. The following acts or parts of acts are each repealed:
(1) RCW 68.50.280 and 1989 1st ex.s. c 9 s 224, 1987 c 331 s 64, & 1975-'76 2nd ex.s. c 60 s 1;
(2) RCW 68.50.340 and 1981 c 44 s 1 & 1969 c 80 s 2;
(3) RCW 68.50.350 and 1987 c 331 s 66 & 1969 c 80 s 3;
(4) RCW 68.50.360 and 1982 c 9 s 1, 1979 c 37 s 1, & 1969 c 80 s 4;
(5) RCW 68.50.370 and 1987 c 331 s 67, 1975 c 54 s 2, & 1969 c 80 s 5;
(6) RCW 68.50.380 and 1969 c 80 s 6;
(7) RCW 68.50.390 and 1969 c 80 s 7;
(8) RCW 68.50.400 and 1987 c 331 s 68 & 1969 c 80 s 8;
(9) RCW 68.50.410 and 1987 c 331 s 69 & 1969 c 80 s 9; and
(10) RCW 68.50.420 and 1987 c 331 s 70 & 1969 c 80 s 11."
On motion of Senator Talmadge, the following title amendment was adopted:
On page 1, line 1 of the title, after "gifts;" strike the remainder of the title and insert "amending RCW 46.20.113, 68.50.106, and 68.50.500; adding new sections to chapter 68.50 RCW; repealing RCW 68.50.280, 68.50.340, 68.50.350, 68.50.360, 68.50.370, 68.50.380, 68.50.390, 68.50.400, 68.50.410, and 68.50.420; and prescribing penalties."
MOTION
On motion of Senator Talmadge, the rules were suspended, Substitute House Bill No. 1012, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Spanel, Senator Vognild was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1012, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1012, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Excused: Senators Niemi, Prince and Vognild - 3.
SUBSTITUTE HOUSE BILL NO. 1012, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTIONS
On motion of Senator Oke, Senators Newhouse and McCaslin were excused.
On motion of Senator Roach, Senator Amondson was excused.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1408, by House Committee on Human Services (originally sponsored by Representatives Sommers, Leonard, Cooke, Thibaudeau, Brough, Riley, Wolfe, Thomas, Karahalios, Ballasiotes, Forner, Long, Schmidt, Flemming, Silver, Eide, Wood, Shin, Linville, R. Meyers, J. Kohl, Ogden, Valle, Ludwig, Bray, Basich, Wineberry, Jones, Roland, Mielke, Wang, Heavey, Pruitt, Brown, Dellwo, Scott, Rayburn, King, Cothern, Kessler, G. Cole, Rust, Springer, Kremen, Johanson, L. Johnson, Locke, Sheldon, Morris, H. Myers, Jacobsen and Anderson)
Providing a comprehensive program for teen pregnancy prevention.
The bill was read the second time.
MOTION
Senator Talmadge moved that the following Committee on Ways and Means amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. FINDINGS AND STATE POLICY. (1) The legislature finds that:
(a) Each year in Washington approximately fifteen thousand teenage girls become pregnant;
(b) The public cost of adolescent pregnancy is substantial. Eighty percent of teen prenatal care and deliveries are publicly funded. Over fifty percent of the women on public assistance became mothers as teenagers; and
(c) The personal costs of adolescent pregnancy can be socially and economically overwhelming. These too young mothers are often unable to finish high school. Their economic potential is diminished, their probability of dependence on public assistance increases, and their children are more likely to grow up in poverty. The cycle of teen mothers raising children in poverty jeopardizes their future educational opportunity and economic viability of future generations.
(2) The legislature therefore declares that in the interest of health, welfare, and economics, it is the policy of the state to reduce the incidence of unplanned teen pregnancy. To reduce the rate of teen pregnancy in Washington, the legislature hereby:
(a) Establishes four-year projects to prevent teen pregnancy;
(b) Initiates a teen pregnancy prevention media campaign;
(c) Increases funding for family planning education, outreach, and services; and
(d) Expands medicaid eligibility for postpartum family planning services.
NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Community" means an individual political subdivision of the state, a group of such political subdivisions, or a geographic area within a political subdivision.
(2) "Department" means the department of health.
NEW SECTION. Sec. 3. TEEN PREGNANCY PREVENTION PROJECTS. There is established in the department a program to coordinate and fund community-based teen pregnancy prevention projects. Selection of projects shall be made competitively based upon compliance with the requirements of sections 4 and 5 of this act. To the extent practicable, the projects shall be geographically distributed throughout the state. Criteria shall be established by the department in consultation with other state agencies and groups involved in teen pregnancy prevention.
NEW SECTION. Sec. 4. TEEN PREGNANCY PREVENTION PROJECTS--REQUIREMENTS. (1) Each project shall be designed to reduce the incidence of unplanned teen pregnancy in the defined community, and may include preteens.
(2) At least fifty percent of the funding for teen pregnancy prevention projects shall be community matching funds provided by private or public entities. In-kind contributions such as, but not limited to, staff, materials, supplies, or physical facilities may be considered as all or part of the funding provided by the communities.
(3) The department shall perform evaluations of the projects. Each project shall be evaluated solely on the rate by which the teen pregnancy rates in the community are reduced, measured from the rates prior to the implementation of the project. Projects that demonstrate by empirical evidence that they have been successful in reducing the teen pregnancy rate in their community shall be eligible for consideration if reauthorized funding becomes available.
NEW SECTION. Sec. 5. TEEN PREGNANCY PREVENTION PROJECTS-- APPLICATIONS. Applications for teen pregnancy prevention project funding shall:
(1) Define the community requesting funding;
(2) Designate a lead agency or organization for the project;
(3) Contain evidence of the active participation of entities in the community that will participate in the project;
(4) Demonstrate the participation of teens in the development of the project;
(5) Describe the specific activities that will be undertaken by the project;
(6) Identify the community matching funds required under section 4 of this act;
(7) Include statistics on teen pregnancy rates in the community over at least the past five years;
(8) Include components that will demonstrate sensitivity to religious, cultural, and socioeconomic differences; and
(9) Include components giving emphasis to the importance of sexual abstinence as a method of pregnancy prevention, as provided in RCW 28A.230.070 and 70.24.210.
The department shall not discriminate against applicants for teen pregnancy prevention project funding based on the type of pregnancy prevention strategies and services included in the applicant's proposal.
NEW SECTION. Sec. 6. REPORT. The department shall submit an annual report on the state's teen pregnancy rates over the previous five years, both state-wide and in the specific communities in which teen pregnancy prevention projects are located, to the appropriate standing committees of the legislature in the years 1995 through 1999.
NEW SECTION. Sec. 7. TEEN PREGNANCY PREVENTION MEDIA CAMPAIGN. The department shall develop a teen pregnancy prevention media campaign in collaboration with major media organizations and other organizations and corporations interested in playing a positive and constructive role in their communities. The media campaign shall be designed to reduce the incidence of teen pregnancies. The media campaign shall be directed to teens, their parents, and individuals and organizations working with teens. The department may subcontract all or part of the activities associated with the media campaign to qualified private, nonprofit organizations.
NEW SECTION. Sec. 8. Sections 1 through 7 of this act shall expire June 30, 1999.
Sec. 9. RCW 74.09.790 and 1990 c 151 s 4 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 74.09.760 through 74.09.820 and 74.09.510:
(1) "At-risk eligible person" means an eligible person determined by the department to need special assistance in applying for and obtaining maternity care, including pregnant women who are substance abusers, pregnant and parenting adolescents, pregnant minority women, and other eligible persons who need special assistance in gaining access to the maternity care system.
(2) "County authority" means the board of county commissioners, county council, or county executive having the authority to participate in the maternity care access program or its designee. Two or more county authorities may enter into joint agreements to fulfill the requirements of this chapter.
(3) "Department" means the department of social and health services.
(4) "Eligible person" means a woman in need of maternity care or a child, who is eligible for medical assistance pursuant to this chapter or the prenatal care program administered by the department.
(5) "Maternity care services" means inpatient and outpatient medical care, case management, and support services necessary during prenatal, delivery, and postpartum periods.
(6) "Support services" means, at least, public health nursing assessment and follow-up, health and childbirth education, psychological assessment and counseling, outreach services, nutritional assessment and counseling, needed vitamin and nonprescriptive drugs, transportation, family planning services, and child care. Support services may include alcohol and substance abuse treatment for pregnant women who are addicted or at risk of being addicted to alcohol or drugs to the extent funds are made available for that purpose.
(7) "Family planning services" means planning the number of one's children by use of contraceptive techniques.
Sec. 10. RCW 74.09.800 and 1989 1st ex.s. c 10 s 5 are each amended to read as follows:
The department shall, consistent with the state budget act, develop a maternity care access program designed to ensure healthy birth outcomes as follows:
(1) Provide maternity care services to low-income pregnant women and health care services to children in poverty to the maximum extent allowable under the medical assistance program, Title XIX of the federal social security act;
(2) Provide maternity care services to low-income women who are not eligible to receive such services under the medical assistance program, Title XIX of the federal social security act;
(3) By January 1, 1990, have the following procedures in place to improve access to maternity care services and eligibility determinations for pregnant women applying for maternity care services under the medical assistance program, Title XIX of the federal social security act:
(a) Use of a shortened and simplified application form;
(b) Outstationing department staff to make eligibility determinations;
(c) Establishing local plans at the county and regional level, coordinated by the department; and
(d) Conducting an interview for the purpose of determining medical assistance eligibility within five working days of the date of an application by a pregnant woman and making an eligibility determination within fifteen working days of the date of application by a pregnant woman;
(4) Establish a maternity care case management system that shall assist at-risk eligible persons with obtaining medical assistance benefits and receiving maternity care services, including transportation and child care services;
(5) Within available resources, establish appropriate reimbursement levels for maternity care providers;
(6) Implement a broad-based public education program that stresses the importance of obtaining maternity care early during pregnancy;
(7) ((Study the desirability and feasibility of implementing the presumptive eligibility provisions set forth in section 9407 of the federal omnibus budget reconciliation act of 1986 and report to the appropriate committees of the legislature by December 1, 1989; and
(8))) Refer persons eligible for maternity care services under the program established by this section to persons, agencies, or organizations with maternity care service practices that primarily emphasize healthy birth outcomes;
(8) Provide family planning services including information about the synthetic progestin capsule implant form of contraception, for twelve months immediately following a pregnancy to women who were eligible for medical assistance under the maternity care access program during that pregnancy or who were eligible only for emergency labor and delivery services during that pregnancy; and
(9) Within available resources, provide family planning services to women who meet the financial eligibility requirements for services under subsections (1) and (2) of this section.
NEW SECTION. Sec. 11. Sections 1 through 7 of this act shall constitute a new chapter in Title 70 RCW.
NEW SECTION. Sec. 12. Captions as used in this act constitute no part of the law.
NEW SECTION. Sec. 13. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, this act shall be null and void."
POINT OF INQUIRY
Senator Linda Smith: "Senator Talmadge, under Medicaid now, can they allow Norplant? My understanding is that they can now. What would change here?"
Senator Talmadge: "I think the answer to your question is, 'Yes, they can,' but they wanted a more affirmative statement from the Legislature that it was something that would be allowed to them to provide to women who are receiving family planning services under Medicaid. When we heard testimony on Senator Winsley's bill that was a separate bill that became a part of this bill by virtue of amendments, the indication from the Department of Social and Health Services was that they were offering this kind of contraceptive information and material, but they wanted a more affirmative direction from the Legislature, as I understand it."
Senator Linda Smith: "Thank you."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment to Engrossed Substitute House Bill No. 1408.
The Committee on Ways and Means striking amendment to Engrossed Substitute House Bill No. 1408 was adopted.
MOTIONS
On motion of Senator Talmadge, the following title amendment was adopted:
On page 1, line 1 of the title, after "prevention;" strike the remainder of the title and insert "amending RCW 74.09.790 and 74.09.800; adding a new chapter to Title 70 RCW; creating new sections; and providing an expiration date."
On motion of Senator Talmadge the rules were suspended, Engrossed Substitute House Bill No. 1408, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1408, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1408, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 8; Absent, 0; Excused, 5.
Voting yea: Senators Barr, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 36.
Voting nay: Senators Anderson, Cantu, Deccio, Hochstatter, McDonald, Oke, Smith, L. and West - 8.
Excused: Senators Amondson, McCaslin, Newhouse, Niemi and Prince - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1408, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1401, by Representatives Dunshee, Horn, R. Fisher and H. Myers
Describing when tax foreclosed property may be disposed of by private negotiations.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, House Bill No. 1401 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1401.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1401 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 44.
Excused: Senators Amondson, McCaslin, Newhouse, Niemi and Prince - 5.
HOUSE BILL NO. 1401, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1686, by House Committee on State Government (originally sponsored by Representatives Anderson, Ludwig, R. Meyers, Foreman, Dorn, Orr, Vance, Brough, Tate, Casada, Edmondson, Horn, Wood, Carlson, Ballard, Brumsickle, Ballasiotes, Van Luven, Mielke, Sheahan, Long, Thomas, Cooke, Forner, Morton and Lisk)
Defining a term for the administrative procedure act.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 1686 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1686.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1686 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.
Absent: Senators Moore and Snyder - 2.
Excused: Senators Amondson, McCaslin, Newhouse, Niemi and Prince - 5.
SUBSTITUTE HOUSE BILL NO. 1686, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2048, by Representatives Jacobsen, Quall, Brumsickle, Finkbeiner and Miller
Allowing donations subject to conditions to be deposited in the American Indian scholarship endowment fund.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, House Bill No. 2048 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2048.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2048 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.
Absent: Senators Moore and Rinehart - 2.
Excused: Senators Amondson, McCaslin, Newhouse, Niemi and Prince - 5.
HOUSE BILL NO. 2048, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1074, by Representatives Ludwig, Padden, Appelwick and Johanson
Regulating corporations.
The bill was read the second time.
MOTIONS
On motion of Senator Adam Smith, the following Committee on Law and Justice amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.100.120 and 1982 c 35 s 169 are each amended to read as follows:
Corporations organized pursuant to this chapter shall render professional service and exercise its authorized powers under a name permitted by law and the professional ethics of the profession in which the corporation is so engaged. ((In the event that the words "company", "corporation" or "incorporated" or any other word, abbreviation, affix or prefix indicating that it is a corporation shall be used, it shall be accompanied with the abbreviation "P.S." or "P.C." or the words "professional service".)) The corporate name of a professional service corporation must contain either the words "professional service" or "professional corporation" or the abbreviation "P.S." or "P.C." The corporate name may also contain either the words "corporation," "incorporated," "company," or "limited," or the abbreviation "corp.," "inc.," "co.," or "ltd." With the filing of its first annual report and any filings thereafter, professional service corporation shall list its then shareholders: PROVIDED, That notwithstanding the foregoing provisions of this section, the corporate name of a corporation organized to render dental services shall contain the full names or surnames of all shareholders and no other word than "chartered" or the words "professional services" or the abbreviation "P.S." or "P.C."
Sec. 2. RCW 50.04.165 and 1991 c 72 s 57 are each amended to read as follows:
(((1))) Services performed by ((corporate officers as defined in subsection (2) of this section, [other than those])) a person appointed as an officer of a corporation under RCW 23B.08.400, other than those covered by chapter 50.44 RCW, shall not be considered services in employment. However, a corporation may elect to cover not less than all of its corporate officers under RCW 50.24.160. If an employer does not elect to cover its corporate officers under RCW 50.24.160, the employer must notify its corporate officers in writing that they are ineligible for unemployment benefits. If the employer fails to notify any corporate officer, then that person shall not be considered to be a corporate officer for the purposes of this section.
(((2) The officers of a corporation shall consist of a president, one or more vice presidents as may be prescribed by the bylaws, a secretary, and a treasurer.))
Sec. 3. RCW 23B.14.300 and 1989 c 165 s 163 are each amended to read as follows:
The superior courts may dissolve a corporation:
(1) In a proceeding by the attorney general if it is established that:
(a) The corporation obtained its articles of incorporation through fraud; or
(b) The corporation has continued to exceed or abuse the authority conferred upon it by law;
(2) In a proceeding by a shareholder if it is established that:
(a) The directors are deadlocked in the management of the corporate affairs, the shareholders are unable to break the deadlock, and irreparable injury to the corporation is threatened or being suffered, or the business and affairs of the corporation can no longer be conducted to the advantage of the shareholders generally, because of the deadlock;
(b) The directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent;
(c) The shareholders are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired; ((or))
(d) The corporate assets are being misapplied or wasted; or
(e) The corporation has ceased all business activity and has failed, within a reasonable time, to dissolve, to liquidate its assets, or to distribute its remaining assets among its shareholders;
(3) In a proceeding by a creditor if it is established that:
(a) The creditor's claim has been reduced to judgment, the execution on the judgment was returned unsatisfied, and the corporation is insolvent; or
(b) The corporation has admitted in writing that the creditor's claim is due and owing and the corporation is insolvent; or
(4) In a proceeding by the corporation to have its voluntary dissolution continued under court supervision.
NEW SECTION. Sec. 4. A new section is added to chapter 23B.07 RCW to read as follows:
(1) An agreement among the shareholders of a corporation that complies with this section is effective among the shareholders and the corporation even though it is inconsistent with one or more other provisions of this title in that it:
(a) Eliminates the board of directors or restricts the discretion or powers of the board of directors;
(b) Governs the authorization or making of distributions whether or not in proportion to ownership of shares, subject to the limitations in RCW 23B.06.400;
(c) Establishes who shall be directors or officers of the corporation, or their terms of office or manner of selection or removal;
(d) Governs, in general or in regard to specific matters, the exercise or division of voting power by or between the shareholders and directors or by or among any of them, including use of weighted voting rights or director proxies;
(e) Establishes the terms and conditions of any agreement for the transfer or use of property or the provision of services between the corporation and any shareholder, director, officer, or employee of the corporation or among any of them;
(f) Transfers to one or more shareholders or other persons all or part of the authority to exercise the corporate powers or to manage the business and affairs of the corporation;
(g) Resolves any issue about which there exists a deadlock among directors or shareholders;
(h) Requires dissolution of the corporation at the request of one or more shareholders or upon the occurrence of a specified event or contingency; or
(i) Otherwise governs the exercise of the corporate powers or the management of the business and affairs of the corporation or the relationship among the shareholders, the directors, and the corporation, or among any of them, and is not contrary to public policy.
(2) An agreement authorized by this section shall be:
(a) Set forth in a written agreement that is signed by all persons who are shareholders at the time of the agreement and is made known to the corporation;
(b) Subject to amendment only by all persons who are shareholders at the time of the amendment, unless the agreement provides otherwise; and
(c) Valid for ten years, unless the agreement provides otherwise.
(3) The existence of an agreement authorized by this section shall be noted conspicuously on the front or back of each certificate for outstanding shares or on the information statement required by RCW 23B.06.260(2). If at the time of the agreement the corporation has shares outstanding represented by certificates, the corporation shall recall the outstanding certificates and issue substitute certificates that comply with this subsection. The failure to note the existence of the agreement on the certificate or information statement shall not affect the validity of the agreement or any action taken pursuant to it. Any purchaser of shares who, at the time of purchase, did not have knowledge of the existence of the agreement shall be entitled to rescission of the purchase. A purchaser shall be deemed to have knowledge of the existence of the agreement if its existence is noted on the certificate or information statement for the shares in compliance with this subsection and, if the shares are not represented by a certificate, the information statement is delivered to the purchaser at or prior to the time of purchase of the shares. An action to enforce the right of rescission authorized by this subsection must be commenced within the earlier of ninety days after discovery of the existence of the agreement or two years after the time of purchase of the shares.
(4) An agreement authorized by this section shall cease to be effective when shares of the corporation are listed on a national securities exchange or regularly traded in a market maintained by one or more members of a national or affiliated securities association.
(5) An agreement authorized by this section that limits the discretion or powers of the board of directors shall relieve the directors of, and impose upon the person or persons in whom such discretion or powers are vested, liability for acts or omissions imposed by law on directors to the extent that the discretion or powers of the directors are limited by the agreement.
(6) The existence or performance of an agreement authorized by this section shall not be a ground for imposing personal liability on any shareholder for the acts or debts of the corporation even if the agreement or its performance treats the corporation as if it were a partnership or results in failure to observe the corporate formalities otherwise applicable to the matters governed by the agreement.
(7) Incorporators or subscribers for shares may act as shareholders with respect to an agreement authorized by this section if no shares have been issued when the agreement is made.
Sec. 5. RCW 23B.16.220 and 1991 c 72 s 41 are each amended to read as follows:
(1) Each domestic corporation, and each foreign corporation authorized to transact business in this state, shall deliver to the secretary of state for filing initial and annual reports that set forth:
(a) The name of the corporation and the state or country under whose law it is incorporated;
(b) The street address of its registered office and the name of its registered agent at that office in this state;
(c) In the case of a foreign corporation, the address of its principal office in the state or country under the laws of which it is incorporated;
(d) The address of the principal place of business of the corporation in this state;
(e) The names and addresses of its directors, if the corporation has dispensed with or limited the authority of its board of directors pursuant to RCW 23B.08.010, in an agreement authorized under section 4 of this act, or analogous authority, the names and addresses of persons who will perform some or all of the duties of the board of directors;
(f) A brief description of the nature of its business; and
(g) The names and addresses of its chairperson of the board of directors, if any, president, secretary, and treasurer, or of individuals, however designated, performing the functions of such officers.
(2) Information in an initial report or an annual report must be current as of the date the report is executed on behalf of the corporation.
(3) A corporation's initial report must be delivered to the secretary of state within one hundred twenty days of the date on which the articles of incorporation for a domestic corporation were filed, or on which a foreign corporation's certificate of authority was filed. Subsequent annual reports must be delivered to the secretary of state on, or prior to, the date on which the domestic or foreign corporation is required to pay its annual corporate license fee, and at such additional times as the corporation elects."
On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "corporations;" strike the remainder of the title and insert "amending RCW 18.100.120, 50.04.165, 23B.14.300, and 23B.16.220; and adding a new section to chapter 23B.07 RCW."
MOTION
On motion of Senator Adam Smith, the rules were suspended, House Bill No. 1074, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTIONS
On motion of Senator Oke, Senator Deccio was excused.
On motion of Senator Loveland, Senator Moore was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1074, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1074, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.
Excused: Senators Amondson, Deccio, McCaslin, Moore, Newhouse, Niemi and Prince - 7.
HOUSE BILL NO. 1074, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 1374 and the pending Committee on Education striking amendment deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Talmadge, the President finds that Engrossed Substitute House Bill No. 1374 is a measure which makes changes to the examination procedures administered by the State Board of Education for teacher certification, allows the board to assess fees and provides for the disposition of those fees.
"The Committee on Education amendment would repeal the existing examination procedures and direct the State Board of Education to develop a new assessment process for initial teacher certification.
"The President, therefore, finds that the proposed amendment does not change the scope and object of the bill and the point of order is not well taken."
The Committee on Education striking amendment to Engrossed Substitute House Bill No. 1374 was ruled in order.
The President declared the question before the Senate to be the adoption of the Committee on Education striking amendment to Engrossed Substitute House Bill No. 1374.
The Committee on Education striking amendment to Engrossed Substitute House Bill No. 1374 was adopted.
MOTIONS
On motion of Senator Pelz, the following title amendment was adopted:
On page 1, line 2 of the title, after "candidates;" strike the remainder of the title and insert "creating a new section; and repealing RCW 28A.410.030."
On motion of Senator Pelz, the rules were suspended, Engrossed Substitute House Bill No. 1374, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1374, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1374, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 29; Nays, 13; Absent, 0; Excused, 7.
Voting yea: Senators Bauer, Bluechel, Drew, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Nelson, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West and Williams - 29.
Voting nay: Senators Anderson, Barr, Cantu, Erwin, Franklin, Hochstatter, Moyer, Oke, Roach, Smith, L., Talmadge, Winsley and Wojahn - 13.
Excused: Senators Amondson, Deccio, McCaslin, Moore, Newhouse, Niemi and Prince - 7.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1374, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1150, by Representatives Anderson, Veloria, Pruitt, King, Brough, Vance, Forner, Valle, Eide and Jacobsen
Repealing the sunset provisions of the counselor registration statute.
The bill was read the second time.
MOTION
On motion of Senator Talmadge, the rules were suspended, House Bill No. 1150 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1150.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1150 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.
Excused: Senators Deccio, McCaslin, Moore, Newhouse, Niemi and Prince - 6.
HOUSE BILL NO. 1150, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1384, by Representatives Chandler, Hansen, Karahalios, Dorn, Brough and Foreman
Changing provisions relating to the permissibility of contracts between municipal officers and their spouses in cases where the spouse is a certificated or classified school district employee or a substitute teacher.
The bill was read the second time.
MOTIONS
On motion of Senator Franklin, the following amendment was adopted:
On page 3, line 11, after "district," insert "the letting of any contract to the spouse of a school board member in a school district when such contract is solely for employment as a certificated employee of the school district,"
On motion of Senator Pelz, the rules were suspended, House Bill No. 1384, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1384, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1384, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.
Excused: Senators Deccio, McCaslin, Moore, Newhouse, Niemi and Prince - 6.
HOUSE BILL NO. 1384, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1026, by House Committee on Local Government (originally sponsored by Representatives Ludwig, H. Myers, Chandler, Bray, Edmondson and Springer)
Excepting public defender services from county competitive bid requirements.
The bill was read the second time.
MOTION
Senator Drew moved that the following Committee on Government Operations amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.32.245 and 1991 c 363 s 62 are each amended to read as follows:
(1) No contract for the purchase of materials, equipment, supplies, or services may be entered into by the county legislative authority or by any elected or appointed officer of the county until after bids have been submitted to the county. Bid specifications shall be in writing and shall be filed with the clerk of the county legislative authority for public inspection. An advertisement shall be published in the official newspaper of the county stating the time and place where bids will be opened, the time after which bids will not be received, the materials, equipment, supplies, or services to be purchased, and that the specifications may be seen at the office of the clerk of the county legislative authority. The advertisement shall be published at least once at least ten days prior to the last date upon which bids will be received.
(2) The bids shall be in writing and filed with the clerk. The bids shall be opened and read in public at the time and place named in the advertisement. Immediately after the award is made, the bid quotations shall be recorded and open to public inspection and shall be available by telephone inquiry. Any or all bids may be rejected for good cause.
(3) For advertisement and formal sealed bidding to be dispensed with as to purchases between two thousand five hundred and twenty-five thousand dollars, the county legislative authority must use the uniform process to award contracts as provided in RCW 39.04.190.
(4) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW; or contracts and purchases for the printing of election ballots, voting machine labels, and all other election material containing the names of candidates and ballot titles.
(5) Nothing in this section shall prohibit the legislative authority of any county from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused.
(6) This section does not apply to contracting for public defender services by a county."
Debate ensued.
The President declared the question before the Senate to be the adoption of the Committee on Government Operations striking amendment to Substitute House Bill No. 1026.
The Committee on Government Operations striking amendment to Substitute House Bill No. 1026 was adopted.
MOTIONS
On motion of Senator Drew, the following title amendment was adopted:
On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "and amending RCW 36.32.245."
On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 1026, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1026, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1026, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 25; Nays, 18; Absent, 0; Excused, 6.
Voting yea: Senators Drew, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moyer, Nelson, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Williams and Winsley - 25.
Voting nay: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Erwin, Franklin, McDonald, Oke, Roach, Sellar, Smith, L., Talmadge, Vognild, von Reichbauer, West and Wojahn - 18.
Excused: Senators Deccio, McCaslin, Moore, Newhouse, Niemi and Prince - 6.
SUBSTITUTE HOUSE BILL NO. 1026, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1650, by House Committee on State Government (originally sponsored by Representatives Romero, Campbell, Rayburn, Chappell, Ludwig, Jacobsen, Veloria and Pruitt)
Directing the attorney general to study the implementation of RCW 42.17.325.
The bill was read the second time.
MOTIONS
On motion of Senator Haugen, the following Committee on Government Operations amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The attorney general shall examine the implementation of RCW 42.17.325 regarding requests for reviews of decisions by state agencies to deny public access to records. The attorney general shall report to the legislature the results of that examination and any recommendations of the attorney general regarding the review process. The report shall be filed with the chief clerk of the house of representatives and the secretary of the senate not later than December 31, 1993.
Sec. 2. RCW 82.32.330 and 1991 c 330 s 1 are each amended to read as follows:
(1) For purposes of this section:
(a) "Disclose" means to make known to any person in any manner whatever a return or tax information;
(b) "Return" means a tax or information return or claim for refund required by, or provided for or permitted under, the laws of this state which is filed with the department of revenue by, on behalf of, or with respect to a person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists that are supplemental to, or part of, the return so filed;
(c) "Tax information" means (i) a taxpayer's identity, (ii) the nature, source, or amount of the taxpayer's income, payments, receipts, deductions, exemptions, credits, assets, liabilities, net worth, tax liability deficiencies, overassessments, or tax payments, whether taken from the taxpayer's books and records or any other source, (iii) whether the taxpayer's return was, is being, or will be examined or subject to other investigation or processing, (iv) a part of a written determination that is not designated as a precedent and disclosed pursuant to RCW 82.32.410, or a background file document relating to a written determination, and (v) other data received by, recorded by, prepared by, furnished to, or collected by the department of revenue with respect to the determination of the existence, or possible existence, of liability, or the amount thereof, of a person under the laws of this state for a tax, penalty, interest, fine, forfeiture, or other imposition, or offense: PROVIDED, That data, material, or documents that do not disclose information related to a specific or identifiable taxpayer do not constitute tax information under this section. Except as provided by RCW 82.32.410, nothing in this chapter shall require any person possessing data, material, or documents made confidential and privileged by this section to delete information from such data, material, or documents so as to permit its disclosure;
(d) "State agency" means every Washington state office, department, division, bureau, board, commission, or other state agency; and
(e) "Taxpayer identity" means the taxpayer's name, address, telephone number, registration number, or any combination thereof, or any other information disclosing the identity of the taxpayer.
(2) Returns and tax information shall be confidential and privileged, and except as authorized by this section, neither the department of revenue nor any officer, employee, agent, or representative thereof nor any other person may disclose any return or tax information.
(3) The foregoing, however, shall not prohibit the department of revenue or an officer, employee, agent, or representative thereof from:
(a) Disclosing such return or tax information in a civil or criminal judicial proceeding or an administrative proceeding:
(i) In respect of any tax imposed under the laws of this state if the taxpayer or its officer or other person liable under Title 82 RCW is a party in the proceeding; or
(ii) In which the taxpayer about whom such return or tax information is sought and another state agency are adverse parties in the proceeding;
(b) Disclosing, subject to such requirements and conditions as the director shall prescribe by rules adopted pursuant to chapter 34.05 RCW, such return or tax information regarding a taxpayer to such taxpayer or to such person or persons as that taxpayer may designate in a request for, or consent to, such disclosure, or to any other person, at the taxpayer's request, to the extent necessary to comply with a request for information or assistance made by the taxpayer to such other person: PROVIDED, That tax information not received from the taxpayer shall not be so disclosed if the director determines that such disclosure would compromise any investigation or litigation by any federal, state, or local government agency in connection with the civil or criminal liability of the taxpayer or another person, or that such disclosure is contrary to any agreement entered into by the department that provides for the reciprocal exchange of information with other government agencies which agreement requires confidentiality with respect to such information unless such information is required to be disclosed to the taxpayer by the order of any court;
(c) Disclosing the name of a taxpayer with a deficiency greater than five thousand dollars and against whom a warrant under RCW 82.32.210 has been either issued or ((failed [filed])) filed and remains outstanding for a period of at least ten working days. The department shall not be required to disclose any information under this subsection if a taxpayer: (i) Has been issued a tax assessment; (ii) has been issued a warrant that has not been filed; and (iii) has entered a deferred payment arrangement with the department of revenue and is making payments upon such deficiency that will fully satisfy the indebtedness within twelve months;
(d) Disclosing the name of a taxpayer with a deficiency greater than five thousand dollars and against whom a warrant under RCW 82.32.210 has been filed with a court of record and remains outstanding;
(e) Publishing statistics so classified as to prevent the identification of particular returns or reports or items thereof;
(f) Disclosing such return or tax information, for official purposes only, to the governor or attorney general, or to any state agency, or to any committee or subcommittee of the legislature dealing with matters of taxation, revenue, trade, commerce, the control of industry or the professions;
(g) Permitting the department of revenue's records to be audited and examined by the proper state officer, his or her agents and employees;
(h) Disclosing any such return or tax information to a peace officer as defined in RCW 9A.04.110 or county prosecuting attorney, for official purposes. The disclosure shall be made only in response to a search warrant, subpoena, or other court order, unless the disclosure is for the purpose of criminal tax enforcement. A peace officer or county prosecuting attorney who receives such return or tax information may disclose that return or tax information only for use in the investigation and any related court proceeding, or in the court proceeding for which the return or tax information originally was sought;
(i) Disclosing any such return or tax information to the proper officer of the internal revenue service of the United States, the Canadian government or provincial governments of Canada, or to the proper officer of the tax department of any state or city or town or county, for official purposes, but only if the statutes of the United States, Canada or its provincial governments, or of such other state or city or town or county, as the case may be, grants substantially similar privileges to the proper officers of this state; ((or
(i))) (j) Disclosing any such return or tax information to the Department of Justice, the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury, the Department of Defense, the United States customs service, the coast guard of the United States, and the United States department of transportation, or any authorized representative thereof, for official purposes;
(((j))) (k) Publishing or otherwise disclosing the text of a written determination designated by the director as a precedent pursuant to RCW 82.32.410; or
(((k))) (l) Disclosing, in a manner that is not associated with other tax information, the taxpayer name, business address, mailing address, revenue tax registration numbers, standard industrial classification code of a taxpayer, and the dates of opening and closing of business.
(4) Any person acquiring knowledge of any return or tax information in the course of his or her employment with the department of revenue and any person acquiring knowledge of any return or tax information as provided under subsection (3) (f), (g), (h), ((or)) (i), or (j) of this section, who discloses any such return or tax information to another person not entitled to knowledge of such return or tax information under the provisions of this section, shall ((upon conviction be punished by a fine not exceeding one thousand dollars and,)) be guilty of a misdemeanor. If the person found guilty of such violation is an officer or employee of the state, such person shall forfeit such office or employment and shall be incapable of holding any public office or employment in this state for a period of two years thereafter."
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "records;" strike the remainder of the title and insert "amending RCW 82.32.330; creating a new section; and prescribing penalties."
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1650, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1650, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1650, as amended by the Senate, and the bill failed to pass the Senate by the following vote: Yeas, 16; Nays, 28; Absent, 0; Excused, 5.
Voting yea: Senators Barr, Drew, Fraser, Gaspard, Jesernig, Loveland, Nelson, Oke, Owen, Rasmussen, M., Rinehart, Sellar, Smith, A., Snyder, Spanel and Sutherland - 16.
Voting nay: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Erwin, Franklin, Hargrove, Haugen, Hochstatter, McAuliffe, McDonald, Moyer, Pelz, Prentice, Prince, Quigley, Roach, Sheldon, Skratek, Smith, L., Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 28.
Excused: Senators Deccio, McCaslin, Moore, Newhouse and Niemi - 5.
SUBSTITUTE HOUSE BILL NO. 1650, as amended by the Senate, having failed to receive the constitutional majority, was declared lost.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Haugen served notice to reconsider the vote by which Substitute House Bill No. 1650, as amended by the Senate, failed to pass the Senate.
SECOND READING
ENGROSSED HOUSE BILL NO. 2009, by Representatives J. Kohl, Wineberry, G. Cole and Holm
Including condominiums in parking and business improvement areas.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed House Bill No. 2009 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2009.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2009 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 4; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 40.
Voting nay: Senators Franklin, Prince, Sutherland and West - 4.
Excused: Senators Deccio, McCaslin, Moore, Newhouse and Niemi - 5.
ENGROSSED HOUSE BILL NO. 2009, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1084, by House Committee on Judiciary (originally sponsored by Representatives Wineberry, Padden, Appelwick, Vance, Wang, Pruitt, Campbell, Johanson, Orr and Anderson)
Changing provisions relating to jury source lists.
The bill was read the second time.
MOTIONS
On motion of Senator Adam Smith, the following Committee on Ways and Means amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 2.36 RCW to read as follows:
The supreme court is requested to adopt court rules to be effective by September 1, 1994, regarding methodology and standards for merging the list of registered voters in Washington state with the list of licensed drivers and identicard holders in Washington state for purposes of creating an expanded jury source list. The rules should specify the standard electronic format or formats in which the lists will be provided to requesting superior courts by the department of information services. In the interim, and until such court rules become effective, the methodology and standards provided in section 3 of this act shall apply. An expanded jury source list shall be available to the courts for use by September 1, 1994.
NEW SECTION. Sec. 2. A new section is added to chapter 2.36 RCW to read as follows:
Not later than January 1, 1994, the secretary of state, the department of licensing, and the department of information services shall adopt administrative rules as necessary to provide for the implementation of the methodology and standards established pursuant to sections 1 and 3 of this act or by supreme court rule.
NEW SECTION. Sec. 3. A new section is added to chapter 2.36 RCW to read as follows:
Unless otherwise specified by rule of the supreme court, the jury source list and master jury list for each county shall be created as provided by this section.
(1) The superior court of each county, after consultation with the county clerk and county auditor of that jurisdiction, shall annually notify the department of information services not later than March 1 of each year of its election to use either a jury source list that is merged by the county or a jury source list that is merged by the department of information services. The department of information services shall annually furnish at no charge to the superior court of each county a separate list of the registered voters residing in that county as supplied annually by the secretary of state and a separate list of driver's license and identicard holders residing in that county as supplied annually by the department of licensing, or a merged list of all such persons residing in that county, in accordance with the annual notification required by this subsection. The lists provided by the department of information services shall be in an electronic format mutually agreed upon by the superior court requesting it and the department of information services. The annual merger of the list of registered voters residing in each county with the list of licensed drivers and identicard holders residing in each county to form a jury source list for each county shall be in accordance with the standards and methodology established in this chapter or by superseding court rule whether the merger is accomplished by the department of information services or by a county.
(2) Persons on the lists of registered voters and driver's license and identicard holders shall be identified by a minimum of last name, first name, middle initial where available, date of birth, gender, and county of residence. Identifying information shall be used when merging the lists to ensure to the extent reasonably possible that persons are only listed once on the merged list. Conflicts in addresses are to be resolved by using the most recent record by date of last vote in a general election, date of driver's license or identicard address change or date of voter registration.
(3) The department of information services shall provide counties that elect to receive a jury source list merged by department of information services with a list of names which are possible duplicates that cannot be resolved based on the identifying information required under subsection (2) of this section. If a possible duplication cannot subsequently be resolved satisfactorily through reasonable efforts by the county receiving the merged list, the possible duplicate name shall be stricken from the jury source list until the next annual jury source list is prepared.
Sec. 4. RCW 2.36.010 and 1992 c 93 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter.
(1) A jury is a body of persons temporarily selected from the qualified inhabitants of a particular district, and invested with power—
(a) To present or indict a person for a public offense.
(b) To try a question of fact.
(2) "Court" when used without further qualification means any superior court or court of limited jurisdiction in the state of Washington.
(3) "Judge" means every judicial officer authorized to hold or preside over a court. For purposes of this chapter "judge" does not include court commissioners or referees.
(4) "Juror" means any person summoned for service on a petit jury, grand jury, or jury of inquest as defined in this chapter.
(5) "Grand jury" means those twelve persons impaneled by a superior court to hear, examine, and investigate evidence concerning criminal activity and corruption.
(6) "Petit jury" means a body of persons twelve or less in number in the superior court and six in number in courts of limited jurisdiction, drawn by lot from the jurors in attendance upon the court at a particular session, and sworn to try and determine a question of fact.
(7) "Jury of inquest" means a body of persons six or fewer in number, but not fewer than four persons, summoned before the coroner or other ministerial officer, to inquire of particular facts.
(8) "Jury source list" means the list of all registered voters for any county, ((as compiled by each county auditor pursuant to the provisions of chapter 29.07 RCW)) merged with a list of licensed drivers and identicard holders who reside in the county. The list shall specify each ((voter's)) person's name((,)) and residence address((, and precinct as shown on the original registration card of each qualified voter)) and conform to the methodology and standards set pursuant to the provisions of section 3 of this act or by supreme court rule. The list shall be filed with the superior court by the county auditor.
(9) "Master jury list" means the list of prospective jurors from which jurors summoned to serve will be randomly selected. The master jury list shall be either randomly selected from the jury source list or may be an exact duplicate of the jury source list.
(10) "Jury term" means a period of time of one or more days, not exceeding one month, during which summoned jurors must be available to report for juror service.
(11) "Juror service" means the period of time a juror is required to be present at the court facility. This period of time may not extend beyond the end of the jury term, and may not exceed two weeks, except to complete a trial to which the juror was assigned during the two-week period.
(12) "Jury panel" means those persons randomly selected for jury service for a particular jury term.
Sec. 5. RCW 2.36.055 and 1988 c 188 s 4 are each amended to read as follows:
The ((county auditor shall prepare and file with the)) superior court at least annually((, at a time or times set forth in an order of the judges of the superior court from the original registration files of voters of the county a list of all registered voters. The list may be divided into the respective voting precincts)) shall cause a jury source list to be compiled from a list of all registered voters and a list of licensed drivers and identicard holders residing in the county.
The superior court upon receipt of the jury source list ((of registered voters filed by the county auditor shall use that list as the jury source list and)) shall compile a master jury list ((from the source list)). The master jury list shall be certified by the superior court and filed with the county clerk. All previous jury source lists and master jury lists shall be superseded. In the event that, for any reason, a county's jury source list is not timely created and available for use at least annually, the most recent previously compiled jury source list for that county shall be used by the courts of that county on an emergency basis only for the shortest period of time until a current jury source list is created and available for use.
Upon receipt of amendments to the list of registered voters ((from the county auditor)) and licensed drivers and identicard holders residing in the county the superior court may update the jury source list and master jury list as maintained by the county clerk accordingly.
Sec. 6. RCW 2.36.063 and 1988 c 188 s 5 are each amended to read as follows:
The judge or judges of the superior court of any county may employ a properly programmed electronic data processing system or device to compile the jury source list, and to compile the master jury list and to randomly select jurors from the master jury list.
Sec. 7. RCW 2.36.065 and 1988 c 188 s 6 are each amended to read as follows:
It shall be the duty of the judges of the superior court to ensure continued random selection of the master jury list and jury panels, which shall be done without regard to whether a person's name originally appeared on the list of registered voters, or on the list of licensed drivers and identicard holders, or both. The judges shall review the process from time to time and shall cause to be kept on file with the county clerk a description of the jury selection process. Any person who desires may inspect this description in said office.
Nothing in this chapter shall be construed as requiring uniform equipment or method throughout the state, so long as fair and random selection of the master jury list and jury panels is achieved.
Sec. 8. RCW 2.36.095 and 1992 c 93 s 4 are each amended to read as follows:
(1) Persons selected to serve on a petit jury, grand jury, or jury of inquest shall be summoned by mail or personal service. The county clerk shall issue summons and thereby notify persons selected for jury duty. The clerk may issue summons for any jury term, in any consecutive twelve-month period, at any time thirty days or more before the beginning of the jury term for which the summons are issued. However, when applicable, the provisions of RCW 2.36.130 apply.
(2) In courts of limited jurisdiction summons shall be issued by the court. Upon the agreement of the courts, the county clerk may summon jurors for any and all courts in the county or judicial district.
(3) The county clerk shall notify the county auditor of each summons for jury duty that is returned by the postal service as undeliverable.
NEW SECTION. Sec. 9. A new section is added to chapter 2.36 RCW to read as follows:
Each court shall establish a means to preliminarily determine by a written declaration signed under penalty of perjury by the person summoned, the qualifications set forth in RCW 2.36.070 of each person summoned for jury duty prior to their appearance at the court to which they are summoned to serve. Upon receipt by the summoning court of a written declaration stating that a declarant does not meet the qualifications set forth in RCW 2.36.070, that declarant shall be excused from appearing in response to the summons. If a person summoned to appear for jury duty fails to sign and return a declaration of his or her qualifications to serve as a juror prior to appearing in response to a summons and is later determined to be unqualified for one of the reasons set forth in RCW 2.36.070, that person shall not be entitled to any compensation as provided in RCW 2.36.150. Information provided to the court for preliminary determination of statutory qualification for jury duty may only be used for the term such person is summoned and may not be used for any other purpose, except that the court, or designee, may report a change of address or nondelivery of summons of persons summoned for jury duty to the county auditor.
Sec. 10. RCW 29.04.160 and 1977 ex.s. c 226 s 1 are each amended to read as follows:
No later than February 15th and no later than August 15th of each year, the secretary of state shall provide a duplicate copy of the master state-wide computer tape or data file of registered voters to the state central committee of each major political party((,)) at actual duplication cost, ((and)) shall provide a duplicate copy of the master state-wide computer tape or data file of registered voters to the statute law committee without cost, and shall provide a duplicate copy of the master state-wide computer tape or electronic data file of registered voters to the department of information services for purposes of creating the jury source list without cost. The master state-wide computer tape or data file of registered voters or portions of the tape or file shall be available to any other political party, at actual duplication cost, upon written request to the secretary of state. Restrictions as to the commercial use of the information on the state-wide computer tape or data file of registered voters, and penalties for its misuse, shall be the same as provided in RCW 29.04.110 and 29.04.120 as now existing or hereafter amended.
Sec. 11. RCW 29.07.220 and 1991 c 81 s 22 are each amended to read as follows:
Each county auditor shall maintain a computer file on magnetic tape or disk, punched cards, or other form of data storage containing the records of all registered voters within the county. Where it is necessary or advisable, the auditor may provide for the establishment and maintenance of such files by private contract or through interlocal agreement as provided by chapter 39.34 RCW, as it now exists or is hereafter amended. The computer file shall include, but not be limited to, each voter's last name, first name, middle initial, date of birth, residence address, sex, date of registration, applicable taxing district and precinct codes and the last date on which the individual voted. The county auditor shall subsequently record each consecutive date upon which the individual has voted and retain at least the last five such consecutive dates: PROVIDED, That if the voter has not voted at least five times since establishing his or her current registration record, only the available dates shall be included.
NEW SECTION. Sec. 12. A new section is added to chapter 46.20 RCW to read as follows:
(1) Except as provided in subsection (2) of this section, the department shall annually provide to the department of information services at no charge a computer tape or electronic data file of all licensed drivers and identicard holders who are eighteen years of age or older and whose records have not expired for more than two years and which shall contain the following information on each such person: Full name, date of birth, residence address including county, sex, and most recent date of application, renewal, replacement, or change of driver's license or identicard.
(2) Before complying with subsection (1) of this section, the department shall remove from the tape or file the names of any certified participants in the Washington state address confidentiality program under chapter 40.24 RCW that have been identified to the department by the secretary of state.
NEW SECTION. Sec. 13. If specific funding for section 11 of this act, referencing section 11 of this act by bill number, is not provided by June 30, 1994, in the omnibus appropriations act, section 11 of this act is null and void.
NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 15. (1) Sections 1, 2, 3, 6, 8, and 13 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.
(2) Sections 10 and 12 of this act shall take effect March 1, 1994.
(3) The remainder of this act shall take effect September 1, 1994."
On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "lists;" strike the remainder of the title and insert "amending RCW 2.36.010, 2.36.055, 2.36.063, 2.36.065, 2.36.095, 29.04.160, and 29.07.220; adding new sections to chapter 2.36 RCW; adding a new section to chapter 46.20 RCW; creating a new section; providing effective dates; and declaring an emergency."
On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute House Bill No. 1084, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1084, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1084, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 44.
Excused: Senators Deccio, McCaslin, Moore, Newhouse and Niemi - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1084, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1317, by Representatives Pruitt, Ballard, Morton, Sheldon, Jones, Wolfe, Schoesler, R. Johnson, Kessler, Johanson and Chandler
Authorizing the state parks and recreation commission to enter into cooperative agreements with private nonprofit corporations with regard to state park property and facilities.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, House Bill No. 1317 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1317.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1317 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 44.
Excused: Senators Deccio, McCaslin, Moore, Newhouse and Niemi - 5.
HOUSE BILL NO. 1317, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1703, by House Committee on Energy and Utilities (originally sponsored by Representatives Johanson, Grant and Jacobsen) (by request of Utilities and Transportation Commission)
Concerning alternate operator service companies.
The bill was read the second time.
MOTIONS
Senator Sutherland moved that the following Committee on Energy and Utilities amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The joint select committee on telecommunications is hereby created. The committee shall consist of eight members, four from the house of representatives to be appointed by the speaker of the house of representatives and four from the senate to be appointed by the president of the senate, with not more than two members from each chamber being of the same political party. The chairperson and vice-chairperson of the committee shall be jointly selected by the president of the senate and the speaker of the house. Vacancies shall be filled in the same manner as the original appointment. The committee shall use existing legislative staff to the extent practicable.
The committee in the exercise of its responsibilities shall be deemed to be performing operations in assistance to the Washington utilities and transportation commission and shall be funded from the public service revolving fund. The committee shall have the authority to hire such additional staff, create such advisory committees, contract with such state agencies or private consultants, and incur such administrative, educational, and member and staff travel expenses as it deems necessary within its budget, subject to available funds and the approval of the senate facilities and operations committee and the house of representatives executive rules committee in accordance with the joint rules. Committee-related travel expenses of the committee members and staff shall be paid from the committee's budget.
The committee shall be housed in existing facilities and shall be subject to the rules of the house of the chairperson.
The committee shall report to the legislature in January 1994 and cease to exist on July 1, 1994."
On motion of Senator Sutherland, the following amendment by Senators Sutherland and Hochstatter to the Committee on Energy and Utilities amendment was adopted:
On page 1, after line 29 of the amendment, insert the following:
"The committee may study the services and rates, tolls, rentals, charges, and surcharges of alternate operator service companies as they relate to local exchanges, local hotel exchanges, long distance service, and may recommend appropriate limits on rates, tolls, rentals, charges, surcharges, and other telecommunication issues."
The President declared the question before the Senate to be the adoption of the Committee on Energy and Utilities striking amendment, as amended, to Substitute House Bill No. 1703.
Debate ensued.
MOTION
On motion of Senator Gaspard, further consideration of Substitute House Bill No. 1703 was deferred.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2067, by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Wolfe, Anderson, Schmidt, Locke, Pruitt, Kremen, Springer and Eide) (by request of Department of General Administration)
Encouraging commute trip reduction programs.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the following Committee on Transportation amendment was not adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that reducing the number of commute trips to work is an effective way of reducing automobile-related air pollution, traffic congestion, and energy use. The legislature intends that state agencies shall assume a leadership role in implementing programs to reduce vehicle miles traveled and single-occupant vehicle commuting, under RCW 70.94.521 through 70.94.551.
The legislature has established and directed an interagency task force to consider mechanisms for funding state agency commute trip reduction programs; and to consider and recommend policies for employee incentives for commuting by other than single-occupant vehicles, and policies for the use of state-owned vehicles.
It is the purpose of this act to provide state agencies with the authority to provide employee incentives, including subsidies for use of high occupancy vehicles to meet commute trip reduction goals, and to remove existing statutory barriers for state agencies to use public funds, including parking revenue, to operate, maintain, lease, or construct parking facilities at state-owned and leased facilities, to reduce parking subsidies, and to support commute trip reduction programs.
NEW SECTION. Sec. 2. A new section is added to chapter 43.01 RCW to read as follows:
The definitions in this section apply throughout this chapter.
(1) "Guaranteed ride home" means an assured ride home for commuters participating in a commute trip reduction program who are not able to use their normal commute mode because of personal emergencies.
(2) "Pledged" means parking revenue designated through any means, including moneys received from the natural resource building, which is used for the debt service payment of bonds issued for parking facilities.
Sec. 3. RCW 43.41.140 and 1979 c 151 s 119 are each amended to read as follows:
Pursuant to policies and regulations promulgated by the office of financial management ((after consultation with and approval by the automotive policy board)), an elected state officer or ((his)) delegate or a state agency director or ((his)) delegate may permit an employee ((commuting)) to commute in a state-owned or leased vehicle ((only)) if such travel is on official business, as determined in accordance with RCW 43.41.130, and is determined to be economical and advantageous to the state, or as part of a commute trip reduction program as required by RCW 70.94.551.
Sec. 4. RCW 46.08.172 and 1991 sp.s. c 31 s 12 and 1991 sp.s. c 13 s 41 are each reenacted and amended to read as follows:
((There is hereby established an account in the state treasury to be known as the "state capitol vehicle parking account".)) The director of the department of general administration shall establish equitable and consistent parking rental fees for state-owned or leased property, to be charged to employees, visitors, clients, service providers, and others, that reflect the legislature's intent to reduce state subsidization of parking. The department shall solicit representatives from affected state agencies, employees, and state employee bargaining units to meet as regional committees. These regional committees will advise the director on parking rental fees, taking into account the market rate of comparable, privately owned rental parking in each region. In the event that such fees become part of a collective bargaining agreement and there is a conflict between the agency and the collective bargaining unit, the terms of the collective bargaining agreement shall prevail. All fees shall take into account the market rate of comparable privately owned rental parking, as determined by the director. ((All unpledged parking rental income collected by the department of general administration from rental of parking space on the capitol grounds and the east capitol site shall be deposited in the "state capitol vehicle parking account".)) However, parking rental fees are not to exceed the local market rate of comparable privately owned rental parking.
The director may delegate the responsibility for the collection of parking fees to other agencies of state government when cost-effective.
((The "state capitol vehicle parking account" shall be used to pay costs incurred in the operation, maintenance, regulation and enforcement of vehicle parking and parking facilities.))
NEW SECTION. Sec. 5. A new section is added to chapter 43.01 RCW to read as follows:
There is hereby established an account in the state treasury to be known as the "state capitol vehicle parking account." All parking rental income collected from rental of parking space at state-owned or leased property shall be deposited in the "state capitol vehicle parking account." Revenue deposited in the "state capitol vehicle parking account" shall be first applied to pledged purposes. Unpledged parking revenues deposited in the "state capitol vehicle parking account" may be used to:
(1) Pay costs incurred in the operation, maintenance, regulation, and enforcement of vehicle parking and parking facilities on state-owned or leased properties;
(2) Support the lease costs and/or capital investment costs of vehicle parking and parking facilities at agency-owned and leased facilities off the capitol campus; and
(3) Support commute trip reduction programs under RCW 70.94.521 through 70.94.551.
Distribution of funds from the "state capitol vehicle parking account" are subject to appropriation by the legislature and will be made by the office of financial management after considering recommendations from the director of general administration and the interagency task force for commute trip reduction, under RCW 70.94.551.
NEW SECTION. Sec. 6. A new section is added to chapter 43.01 RCW to read as follows:
State agencies may, subject to appropriation and under the internal revenue code rules, use public funds to financially assist agency-approved incentives for alternative commute modes, including but not limited to carpools, vanpools, purchase of transit and ferry passes, and guaranteed ride home programs, if the financial assistance is an element of the agency's commute trip reduction program as required under RCW 70.94.521 through 70.94.551. This section does not permit any payment for the use of state-owned vehicles for commuter ride sharing.
NEW SECTION. Sec. 7. A new section is added to chapter 43.01 RCW to read as follows:
All state higher education institutions are exempt from section 5 of this act."
MOTION
Senator Drew moved that the following amendment by Senators Drew, Nelson and Vognild be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that reducing the number of commute trips to work is an effective way of reducing automobile-related air pollution, traffic congestion, and energy use. The legislature intends that state agencies shall assume a leadership role in implementing programs to reduce vehicle miles traveled and single-occupant vehicle commuting, under RCW 70.94.521 through 70.94.551.
The legislature has established and directed an interagency task force to consider mechanisms for funding state agency commute trip reduction programs; and to consider and recommend policies for employee incentives for commuting by other than single-occupant vehicles, and policies for the use of state-owned vehicles.
It is the purpose of this act to provide state agencies with the authority to provide employee incentives, including subsidies for use of high occupancy vehicles to meet commute trip reduction goals, and to remove existing statutory barriers for state agencies to use public funds, including parking revenue, to operate, maintain, lease, or construct parking facilities at state-owned and leased facilities, to reduce parking subsidies, and to support commute trip reduction programs.
It is also the purpose of this act to revise other portions of state law that will assist state agencies in meeting their commute trip reduction requirements. A revision to the requirement for motor vehicle tax exemptions for owners of ride-sharing vehicles is one cost-effective and practical incentive that encourages state employees to commute by carpool and vanpool.
NEW SECTION. Sec. 2. A new section is added to chapter 43.01 RCW to read as follows:
The definitions in this section apply throughout this chapter.
(1) "Guaranteed ride home" means an assured ride home for commuters participating in a commute trip reduction program who are not able to use their normal commute mode because of personal emergencies.
(2) "Pledged" means parking revenue designated through any means, including moneys received from the natural resource building, which is used for the debt service payment of bonds issued for parking facilities.
Sec. 3. RCW 43.41.140 and 1979 c 151 s 119 are each amended to read as follows:
Pursuant to policies and regulations promulgated by the office of financial management ((after consultation with and approval by the automotive policy board)), an elected state officer or ((his)) delegate or a state agency director or ((his)) delegate may permit an employee ((commuting)) to commute in a state-owned or leased vehicle ((only)) if such travel is on official business, as determined in accordance with RCW 43.41.130, and is determined to be economical and advantageous to the state, or as part of a commute trip reduction program as required by RCW 70.94.551.
Sec. 4. RCW 46.08.172 and 1991 sp.s. c 31 s 12 and 1991 sp.s. c 13 s 41 are each reenacted and amended to read as follows:
((There is hereby established an account in the state treasury to be known as the "state capitol vehicle parking account".)) The director of the department of general administration shall establish equitable and consistent parking rental fees for state-owned or leased property, to be charged to employees, visitors, clients, service providers, and others, that reflect the legislature's intent to reduce state subsidization of parking. The department shall solicit representatives from affected state agencies, employees, and state employee bargaining units to meet as regional committees. These regional committees will advise the director on parking rental fees, taking into account the market rate of comparable, privately owned rental parking in each region. In the event that such fees become part of a collective bargaining agreement and there is a conflict between the agency and the collective bargaining unit, the terms of the collective bargaining agreement shall prevail. All fees shall take into account the market rate of comparable privately owned rental parking, as determined by the director. ((All unpledged parking rental income collected by the department of general administration from rental of parking space on the capitol grounds and the east capitol site shall be deposited in the "state capitol vehicle parking account".)) However, parking rental fees are not to exceed the local market rate of comparable privately owned rental parking.
The director may delegate the responsibility for the collection of parking fees to other agencies of state government when cost-effective.
((The "state capitol vehicle parking account" shall be used to pay costs incurred in the operation, maintenance, regulation and enforcement of vehicle parking and parking facilities.))
NEW SECTION. Sec. 5. A new section is added to chapter 43.01 RCW to read as follows:
There is hereby established an account in the state treasury to be known as the "state capitol vehicle parking account." All parking rental income collected from rental of parking space at state-owned or leased property shall be deposited in the "state capitol vehicle parking account." Revenue deposited in the "state capitol vehicle parking account" shall be first applied to pledged purposes. Unpledged parking revenues deposited in the "state capitol vehicle parking account" may be used to:
(1) Pay costs incurred in the operation, maintenance, regulation, and enforcement of vehicle parking and parking facilities on state-owned or leased properties;
(2) Support the lease costs and/or capital investment costs of vehicle parking and parking facilities at agency-owned and leased facilities off the capitol campus; and
(3) Support commute trip reduction programs under RCW 70.94.521 through 70.94.551.
Distribution of funds from the "state capitol vehicle parking account" are subject to appropriation by the legislature and will be made by the office of financial management after considering recommendations from the director of general administration and the interagency task force for commute trip reduction, under RCW 70.94.551.
NEW SECTION. Sec. 6. A new section is added to chapter 43.01 RCW to read as follows:
State agencies may, subject to appropriation and under the internal revenue code rules, use public funds to financially assist agency-approved incentives for alternative commute modes, including but not limited to carpools, vanpools, purchase of transit and ferry passes, and guaranteed ride home programs, if the financial assistance is an element of the agency's commute trip reduction program as required under RCW 70.94.521 through 70.94.551. This section does not permit any payment for the use of state-owned vehicles for commuter ride sharing.
NEW SECTION. Sec. 7. A new section is added to chapter 43.01 RCW to read as follows:
All state higher education institutions are exempt from section 5 of this act.
Sec. 8. RCW 82.44.015 and 1982 c 142 s 1 are each amended to read as follows:
For the purposes of this chapter, in addition to the exclusions under RCW 82.44.010, "motor vehicle" shall not include: (1) ((Vans)) Passenger motor vehicles used ((regularly)) primarily as ride-sharing vehicles, as defined in RCW 46.74.010(3), by not fewer than ((seven)) four persons, including passengers and driver((, or not fewer than five persons including the driver, when at least three of those persons are confined to wheelchairs when riding)); or (2) vehicles with a seating capacity greater than fifteen persons which otherwise qualify as ride-sharing vehicles under RCW 46.74.010(3) used exclusively for ride sharing for the elderly or the handicapped by not fewer than seven persons, including driver. The registered owner of one of these vehicles shall notify the department of licensing upon termination of ((regular)) primary use of the vehicle as a ride-sharing vehicle and shall be liable for the tax imposed by this chapter, prorated on the remaining months for which the vehicle is licensed.
Sec. 9. RCW 46.16.023 and 1987 c 175 s 2 are each amended to read as follows:
(1) Every owner or lessee of a vehicle seeking to apply for an excise tax exemption under RCW 82.08.0287, 82.12.0282, or 82.44.015 shall apply to the director for, and upon satisfactory showing of eligibility, receive in lieu of the regular motor vehicle license plates for that vehicle, special plates of a distinguishing separate numerical series or design, as the director shall prescribe. In addition to paying all other initial fees required by law, each applicant for the special license plates shall pay an additional license fee of twenty-five dollars upon the issuance of such plates. The special fee shall be deposited in the motor vehicle fund. Application for renewal of the license plates shall be as prescribed for the renewal of other vehicle licenses. No renewal is required for vehicles exempted under RCW 46.16.020.
(2) Whenever the ownership of a vehicle receiving special plates under subsection (1) of this section is transferred or assigned, the plates shall be removed from the motor vehicle, and if another vehicle qualifying for special plates is acquired, the plates shall be transferred to that vehicle for a fee of five dollars, and the director shall be immediately notified of the transfer of the plates. Otherwise the removed plates shall be immediately forwarded to the director to be canceled. Whenever the owner or lessee of a vehicle receiving special plates under subsection (1) of this section is for any reason relieved of the tax-exempt status, the special plates shall immediately be forwarded to the director along with an application for replacement plates and the required fee. Upon receipt the director shall issue the license plates that are otherwise provided by law.
(3) Any person who shall knowingly make any false statement of a material fact in the application for a special plate under subsection (1) of this section shall be guilty of a gross misdemeanor."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Drew, Nelson and Vognild to Engrossed Substitute House Bill No. 2067.
The motion by Senator Drew carried and the striking amendment to Engrossed Substitute House Bill No. 2067 was adopted.
MOTIONS
On motion of Senator Vognild, the following title amendment was adopted:
On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 43.41.140, 82.44.015, and 46.16.023; reenacting and amending RCW 46.08.172; adding new sections to chapter 43.01 RCW; creating a new section; and prescribing penalties."
On motion of Senator Vognild, the rules were suspended, Engrossed Substitute House Bill No. 2067, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2067, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2067, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 44.
Excused: Senators Deccio, McCaslin, Moore, Newhouse and Niemi - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2067, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1748, by Representatives Shin, Quall, Wood, Jacobsen, Veloria, Wineberry, Valle, Morris, Basich, Kessler, Orr, L. Johnson and J. Kohl
Changing financial aid provisions.
The bill was read the second time.
MOTIONS
On motion of Senator Bauer, the following Committee on Higher Education amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.15.820 and 1985 c 390 s 35 are each amended to read as follows:
(1) Each institution of higher education shall deposit two and one-half percent of revenues collected from tuition and services and activities fees in an institutional long-term loan fund which is hereby created and which shall be held locally. Moneys in such fund shall be used to make guaranteed loans to eligible students except as provided for in subsections (9) and (10) of this section.
(2) With the exception of subsection (9) of this section, an "eligible student" for the purposes of this section is a student registered for at least six credit hours or the equivalent, who is eligible for resident tuition and fee rates as defined in RCW 28B.15.012 through 28B.15.015, and who is a "needy student" as defined in RCW 28B.10.802.
(3) The amount of the loans made under subsection (1) of this section shall not exceed the demonstrated financial need of the student. Each institution shall establish loan terms and conditions which shall be consistent with the terms of the guaranteed loan program established by 20 U.S. Code Section 1071 et seq., as now or hereafter amended. All loans made shall be guaranteed by the Washington student loan guaranty association or its successor agency. Institutions are hereby granted full authority to operate as an eligible lender under the guaranteed loan program. Twenty percent of the total institutional long-term loan fund shall be used for the sole purpose of long-term loans repayable by the borrower and twenty percent of the institutional long-term loan fund shall be used for the sole purpose of short-term loans repayable by the borrower.
(4) Before approving a guaranteed loan, each institution shall analyze the ability of the student to repay the loan based on factors which include, but are not limited to, the student's accumulated total education loan burdens and the employment opportunities and average starting salary characteristics of the student's chosen fields of study. The institution shall counsel the student on the advisability of acquiring additional debt, and on the availability of other forms of financial aid.
(5) Each institution is responsible for collection of loans made under subsection (1) of this section and shall exercise due diligence in such collection, maintaining all necessary records to insure that maximum repayments are made. Institutions shall cooperate with other lenders and the Washington student loan guaranty association, or its successor agency, in the coordinated collection of guaranteed loans, and shall assure that the guarantability of the loans is not violated. Collection and servicing of loans under subsection (1) of this section shall be performed by entities approved for such servicing by the Washington student loan guaranty association or its successor agency: PROVIDED, That institutions be permitted to perform such servicing if specifically recognized to do so by the Washington student loan guaranty association or its successor agency. Collection and servicing of loans made by community colleges under subsection (1) of this section shall be coordinated by the state board for community and technical colleges ((education)) and shall be conducted under procedures adopted by such state board.
(6) Receipts from payment of interest or principal or any other subsidies to which institutions as lenders are entitled, which are paid by or on behalf of borrowers of funds under subsection (1) of this section, shall be deposited in each institution's general local fund and shall be used to cover the costs of making the loans under subsection (1) of this section and maintaining necessary records and making collections under subsection (5) of this section: PROVIDED, That such costs shall not exceed five percent of aggregate outstanding loan principle. Institutions shall maintain accurate records of such costs, and all receipts beyond those necessary to pay such costs, shall be used for the support of the institution's operating budget.
(7) The boards of regents of the state universities, the boards of trustees of the regional universities and The Evergreen State College, and the state board for community and technical colleges ((education)), on behalf of the community colleges, shall each adopt necessary rules and regulations to implement this section.
(8) Lending activities under this section shall be directed toward students who would not normally have access to educational loans from private financial institutions in Washington state, and maximum use shall be made of secondary markets in the support of loan consolidation.
(9) Short-term ((interim)) loans, not to exceed one ((hundred twenty days)) year, may be made from the institutional long-term loan fund to students ((eligible for guaranteed student loans and whose receipt of such loans is pending. Such short-term loans shall not be subject to the guarantee restrictions or the constraints of federal law imposed by subsection (3) of this section)) enrolled in the institution. No such loan shall be made to any student who is known by the institution to be in default or delinquent in the payment of any outstanding student loan. A short-term loan may be made only if the institution has ample evidence that the student has the capability of repaying the loan within the time frame specified by the institution for repayment.
(10) Any moneys deposited in the institutional long-term loan fund which are not used in making long or short term loans or transferred to institutional operating budgets may be used by the institution for locally-administered financial aid programs for needy students, such as need-based institutional employment programs or need-based tuition and fee waiver programs. These funds shall be used in addition to and not to replace institutional funds which would otherwise support these locally-administered financial aid programs. Priority in the use of these funds shall be given to needy students who have accumulated excessive educational loan burdens. An excessive educational loan burden is a burden that will be difficult to repay given employment opportunities and average starting salaries in the student's chosen fields of study."
On motion of Senator Bauer, the following title amendment was adopted: On page 1, line 1 of the title, after "aid;" strike the remainder of the title and insert "and amending RCW 28B.15.820."
MOTION
On motion of Senator Bauer, the rules were suspended, Engrossed House Bill No. 1748, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1748, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1748, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 43.
Voting nay: Senator Wojahn - 1.
Excused: Senators Deccio, McCaslin, Moore, Newhouse and Niemi - 5.
ENGROSSED HOUSE BILL NO. 1748, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1271, by Representatives R. Fisher, Schmidt, R. Meyers, Brown, Jones, Horn and Wood (by request of Department of Transportation)
Prescribing allowed vehicle lengths.
The bill was read the second time.
MOTIONS
On motion of Senator Vognild, the following Committee on Transportation amendment was adopted:
On page 1, line 10, after "forty-" strike "five" and insert "six"
On motion of Senator Vognild, the rules were suspended, Engrossed House Bill No. 1271, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1271, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1271, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.
Voting nay: Senator Haugen - 1.
Excused: Senators Deccio, McCaslin, Moore, Newhouse and Niemi - 5.
ENGROSSED HOUSE BILL NO. 1271, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1379, by Representatives R. Fisher, Schmidt, Jones, Brumsickle, Horn, Quall, Brown, Brough, Orr and Wood (by request of Department of Licensing)
Making housekeeping changes in various service programs of the department of licensing.
The bill was read the second time.
MOTIONS
Senator Vognild moved that the following Committee on Transportation amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.12.050 and 1990 c 238 s 3 are each amended to read as follows:
The department, if satisfied from the statements upon the application that the applicant is the legal owner of the vehicle or otherwise entitled to have ((the)) a certificate of ownership thereof in the applicant's name, shall ((thereupon)) issue an appropriate electronic record of ownership or a written certificate of ownership, over the director's signature, authenticated by seal, and if required, a new written certificate of license registration if certificate of license registration is required.
((Both)) The certificates of ownership and the certificates of license registration shall contain upon the face thereof, the date of application, the registration number assigned to the registered owner and to the vehicle, the name and address of the registered owner and legal owner, the vehicle identification number, and such other description of the vehicle and facts as the department shall require, and in addition thereto, if the vehicle described in such certificates shall have ever been licensed and operated as an exempt vehicle or a taxicab, or if it is less than four years old and has been rebuilt after having been totaled out by an insurance carrier, such fact shall be clearly shown thereon.
All certificates of ownership of motor vehicles issued after April 30, 1990, shall reflect the odometer reading as provided by the odometer disclosure statement submitted with the title application involving a ((change of registration)) transfer of ownership.
A blank space shall be provided on the face of the certificate of license registration for the signature of the registered owner.
Upon issuance of the certificate of license registration and certificate of ownership and upon any reissue thereof, the department shall deliver the certificate of license registration to the registered owner and the certificate of ownership to the legal owner, or both to the person who is both the registered owner and legal owner.
Sec. 2. RCW 46.68.010 and 1989 c 68 s 1 are each amended to read as follows:
Whenever any license fee, paid under the provisions of this title, has been erroneously paid, either wholly or in part, the ((person paying the fee, upon satisfactory proof to the director of licensing, shall be)) payor is entitled to have refunded the amount so erroneously paid. A renewal license fee paid prior to the actual expiration date of the license being renewed shall be deemed to be erroneously paid if the vehicle for which the renewal license ((is being)) was purchased is destroyed or permanently removed from the state prior to the beginning date of the registration period for which the renewal fee ((is being)) was paid. Upon such refund being certified to the state treasurer by the director as correct and being claimed in the time required by law the state treasurer shall mail or deliver the amount of each refund to the person entitled thereto((: PROVIDED, That)). No claim for refund shall be allowed for such erroneous payments unless filed with the director within ((thirteen months)) three years after such claimed erroneous payment was made.
If due to error a person has been required to pay a vehicle license fee under this title and an excise tax ((which)) under Title 82 RCW that amounts to an overpayment of ten dollars or more, that person shall be entitled to a refund of the entire amount of the overpayment, regardless of whether a refund of the overpayment has been requested. If due to error the department or its agent has failed to collect the full amount of the license fee and excise tax due and the underpayment is in the amount of ten dollars or more, the department shall charge and collect such additional amount as will constitute full payment of the tax and fees.
Any person who makes a false statement under which he or she obtains a refund to which he or she is not entitled under this section is guilty of a gross misdemeanor.
Sec. 3. RCW 82.44.120 and 1990 c 42 s 307 are each amended to read as follows:
Whenever any person has paid a motor vehicle license fee, and together therewith has paid an excise tax imposed under the provisions of this chapter, and the director ((of licensing)) determines that the payor is entitled to a refund of the entire amount of the license fee as provided by law, then the payor shall also be entitled to a refund of the entire excise tax collected under the provisions of this chapter. In case the director determines that any person is entitled to a refund of only a part of the license fee so paid, the payor shall be entitled to a refund of the difference, if any, between the excise tax collected and that which should have been collected.
In case no claim is to be made for the refund of the license fee or any part thereof, but claim is made by any person that he or she has paid an erroneously excessive amount of excise tax, the department shall determine in the manner generally provided in this chapter the amount of such excess, if any, that has been paid and shall certify to the state treasurer that such person is entitled to a refund in such amount.
In any case where due to error, a person has been required to pay an excise tax pursuant to this chapter and a vehicle license fee pursuant to Title 46 RCW which amounts to an overpayment of ten dollars or more, such person shall be entitled to a refund of the entire amount of such overpayment, regardless of whether or not a refund of the overpayment has been requested. Conversely, if due to error, the department or its agents has failed to collect the full amount of the license fee and excise tax due, which underpayment is in the amount of ten dollars or more, the department shall charge and collect such additional amount as will constitute full payment of the tax.
Any claim for refund of an erroneously excessive amount of excise tax or overpayment of excise tax with a motor vehicle license fee must be filed with the director within three years after the claimed erroneous payment was made.
If the department approves the claim it shall notify the state treasurer to that effect, and the treasurer shall make such approved refunds ((and the other refunds herein provided for)) from the general fund and shall mail or deliver the same to the person entitled thereto.
Any person making any false statement under which he or she obtains any amount of refund to which he or she is not entitled under the provisions of this section is guilty of a gross misdemeanor.
Sec. 4. RCW 46.70.021 and 1988 c 287 s 2 are each amended to read as follows:
It is unlawful for any person, firm, or association to act as a vehicle dealer or vehicle manufacturer, to engage in business as such, serve in the capacity of such, advertise himself, herself, or themselves as such, solicit sales as such, or distribute or transfer vehicles for resale in this state, without first obtaining and holding a current license as provided in this chapter, unless the title of the vehicle is in the name of the seller. It is unlawful for any person other than a licensed vehicle dealer to display a vehicle for sale unless the registered owner or legal owner is the displayer or holds a notarized power of attorney. A person or firm engaged in buying and offering for sale, or buying and selling five or more vehicles in a twelve-month period, or in any other way engaged in dealer activity without holding a vehicle dealer license, is guilty of a gross misdemeanor, and upon conviction is subject to a fine of up to ((one)) five thousand dollars for each violation and up to one year in jail. A second offense is a class C felony punishable under chapter 9A.20 RCW. A violation of this section is also a per se violation of chapter 19.86 RCW and is considered a deceptive practice. The department of licensing, the Washington state patrol, the attorney general's office, and the department of revenue shall cooperate in the enforcement of this section. A distributor, factory branch, or factory representative shall not be required to have a vehicle manufacturer license so long as the vehicle manufacturer so represented is properly licensed pursuant to this chapter. Nothing in this chapter prohibits financial institutions from cooperating with vehicle dealers licensed under this chapter in dealer sales or leases. However, financial institutions shall not broker vehicles and cooperation is limited to organizing, promoting, and financing of such dealer sales or leases.
Sec. 5. RCW 46.70.023 and 1991 c 339 s 28 are each amended to read as follows:
(1) An "established place of business" requires a permanent, enclosed commercial building located within the state of Washington easily accessible at all reasonable times. An established place of business shall have an improved display area of not less than three thousand square feet in or immediately adjoining the building, or a display area large enough to display six or more vehicles of the type the dealer is licensed to sell, whichever area is larger. The business of a vehicle dealer, including the display ((and repair)) of vehicles, may be lawfully carried on at an established place of business in accordance with the terms of all applicable building code, zoning, and other land-use regulatory ordinances. The dealer shall keep the building open to the public so that they may contact the vehicle dealer or the dealer's salespersons at all reasonable times. The books, records, and files necessary to conduct the business shall be kept and maintained at that place. The established place of business shall display an exterior sign with the business name and nature of the business, such as auto sales, permanently affixed to the land or building, with letters clearly visible to the major avenue of traffic. In no event may a room or rooms in a hotel, rooming house, or apartment house building or part of a single or multiple-unit dwelling house be considered an "established place of business" unless the ground floor of such a dwelling is devoted principally to and occupied for commercial purposes and the dealer offices are located on the ground floor. A mobile office or mobile home may be used as an office if it is connected to utilities and is set up in accordance with state law. This subsection does not apply to auction companies that do not own vehicle inventory or sell vehicles from an auction yard.
(2) An auction company shall have office facilities within the state. The books, records, and files necessary to conduct the business shall be maintained at the office facilities. All storage facilities for inventory shall be listed with the department, and shall meet local zoning and land use ordinances. An auction company shall maintain a telecommunications system.
(3) Auction companies shall post their vehicle dealer license at each auction where vehicles are offered, and shall provide the department with the address of the auction at least three days before the auction.
(4) If a dealer maintains a place of business at more than one location or under more than one name in this state, he or she shall designate one location as the principal place of business of the firm, one name as the principal name of the firm, and all other locations or names as subagencies. A subagency license is required for each and every subagency: PROVIDED, That the department may grant an exception to the subagency requirement in the specific instance where a licensed dealer is unable to locate their used vehicle sales facilities adjacent to or at the established place of business. This exception shall be granted and defined under the promulgation of rules consistent with the Administrative Procedure Act.
(5) All vehicle dealers shall maintain ownership or leasehold throughout the license year of the real property from which they do business. The dealer shall provide the department with evidence of ownership or leasehold whenever the ownership changes or the lease is terminated.
(6) A subagency shall comply with all requirements of an established place of business, except that auction companies shall comply with the requirements in subsection (2) of this section.
(7) A temporary subagency shall meet all local zoning and building codes for the type of merchandising being conducted. The dealer license certificate shall be posted at the location. No other requirements of an established place of business apply to a temporary subagency. Auction companies are not required to obtain a temporary subagency license.
(8) A wholesale vehicle dealer shall have office facilities in a commercial building within this state, and all storage facilities for inventory shall be listed with the department, and shall meet local zoning and land use ordinances. A wholesale vehicle dealer shall maintain a telecommunications system. An exterior sign visible from the nearest street shall identify the business name and the nature of business. A wholesale dealer need not maintain a display area as required in this section. When two or more vehicle dealer businesses share a location, all records, office facilities, and inventory, if any, must be physically segregated and clearly identified.
(9) A retail vehicle dealer shall be open during normal business hours, maintain office and display facilities in a commercially zoned location or in a location complying with all applicable building and land use ordinances, and maintain a business telephone listing in the local directory. When two or more vehicle dealer businesses share a location, all records, office facilities, and inventory shall be physically segregated and clearly identified.
(10) A listing dealer need not have a display area if the dealer does not physically maintain any vehicles for display.
(11) A subagency license is not required for a mobile home dealer to display an on-site display model, a consigned mobile home not relocated from its site, or a repossessed mobile home if sales are handled from a principal place of business or subagency. A mobile home dealer shall identify on-site display models, repossessed mobile homes, and those consigned at their sites with a sign that includes the dealer's name and telephone number.
(12) Every vehicle dealer shall advise the department of the location of each and every place of business of the firm and the name or names under which the firm is doing business at such location or locations. If any name or location is changed, the dealer shall notify the department of such change within ten days. The license issued by the department shall reflect the name and location of the firm and shall be posted in a conspicuous place at that location by the dealer.
(13) A vehicle dealer's license shall upon the death or incapacity of an individual vehicle dealer authorize the personal representative of such dealer, subject to payment of license fees, to continue the business for a period of six months from the date of the death or incapacity.
Sec. 6. RCW 46.70.041 and 1990 c 250 s 64 are each amended to read as follows:
(1) Every application for a vehicle dealer license shall contain the following information to the extent it applies to the applicant:
(a) Proof as the department may require concerning the applicant's identity, including but not limited to his fingerprints, the honesty, truthfulness, and good reputation of the applicant for the license, or of the officers of a corporation making the application;
(b) The applicant's form and place of organization including if the applicant is a corporation, proof that the corporation is licensed to do business in this state;
(c) The qualification and business history of the applicant and any partner, officer, or director;
(d) The applicant's financial condition or history including a bank reference and whether the applicant or any partner, officer, or director has ever been adjudged bankrupt or has any unsatisfied judgment in any federal or state court;
(e) Whether the applicant has been adjudged guilty of a crime which directly relates to the business for which the license is sought and the time elapsed since the conviction is less than ten years, or has suffered any judgment within the preceding five years in any civil action involving fraud, misrepresentation, or conversion and in the case of a corporation or partnership, all directors, officers, or partners;
(f) A business telephone with a listing in the local directory;
(g) The name or names of new vehicles the vehicle dealer wishes to sell;
(h) The names and addresses of each manufacturer from whom the applicant has received a franchise;
(i) ((Whether the applicant intends to sell used vehicles, and if so, whether he has space available for servicing and repairs;
(j))) A certificate by a representative of the department, that the applicant's principal place of business and each subagency business location in the state of Washington meets the location requirements as required by this chapter. The certificate shall include proof of the applicant's ownership or lease of the real property where the applicant's principal place of business is established;
(((k))) (j) A copy of a current service agreement with a manufacturer, or distributor for a foreign manufacturer, requiring the applicant, upon demand of any customer receiving a new vehicle warranty to perform or arrange for, within a reasonable distance of his established place of business, the service repair and replacement work required of the manufacturer or distributor by such vehicle warranty. This requirement applies only to applicants seeking to sell, to exchange, to offer, to auction, to solicit, or to advertise new or current-model vehicles with factory or distributor warranties;
(((l))) (k) The class of vehicles the vehicle dealer will be buying, selling, listing, exchanging, offering, brokering, leasing with an option to purchase, auctioning, soliciting, or advertising, and which classification or classifications the dealer wishes to be designated as;
(((m))) (l) Any other information the department may reasonably require.
(2) If the applicant is a manufacturer the application shall contain the following information to the extent it is applicable to the applicant:
(a) The name and address of the principal place of business of the applicant and, if different, the name and address of the Washington state representative of the applicant;
(b) The name or names under which the applicant will do business in the state of Washington;
(c) Evidence that the applicant is authorized to do business in the state of Washington;
(d) The name or names of the vehicles that the licensee manufactures;
(e) The name or names and address or addresses of each and every distributor, factory branch, and factory representative;
(f) The name or names and address or addresses of resident employees or agents to provide service or repairs to vehicles located in the state of Washington only under the terms of any warranty attached to new or unused vehicles manufactured, unless such manufacturer requires warranty service to be performed by all of its dealers pursuant to a current service agreement on file with the department;
(g) Any other information the department may reasonably require.
Sec. 7. RCW 46.70.051 and 1989 c 301 s 3 are each amended to read as follows:
(1) After the application has been filed, the fee paid, and bond posted, if required the department shall, if no denial order is in effect and no proceeding is pending under RCW ((46.70.180 or 46.70.200)) 46.70.101, issue the appropriate license, which license, in the case of a vehicle dealer, shall designate the classification of the dealer. Nothing prohibits a vehicle dealer from obtaining licenses for more than one classification, and nothing prevents any vehicle dealer from dealing in other classes of vehicles on an isolated basis.
(2) An auction company licensed under chapter 18.11 RCW may sell at auction all classifications of vehicles under a motor vehicle dealer's license issued under this chapter including motor vehicles, miscellaneous type vehicles, and mobile homes and travel trailers.
Sec. 8. RCW 46.70.083 and 1991 c 140 s 2 are each amended to read as follows:
The license of a vehicle dealer or a vehicle manufacturer expires on the date that is twelve consecutive months from the date of issuance. The license may be renewed by filing with the department prior to the expiration of the license, a renewal application containing such information as the department may require to indicate the number of vehicle sales transacted during the past year, and any material change in the information contained in the original application. Failure by the dealer to comply is grounds for denial of the renewal application or dealer license plate renewal.
The dealer's established place of business shall be certified by a representative of the department at least once every ((thirty-two)) thirty-six months, or more frequently as determined necessary by the department. The certification will verify compliance with the requirements of this chapter for an established place of business. Failure by the dealer to comply at any time is grounds for license suspension or revocation, denial of the renewal application, or monetary assessment.
Sec. 9. RCW 46.70.140 and 1973 1st ex.s. c 132 s 17 are each amended to read as follows:
Any vehicle dealer who ((shall)) knowingly or with reason to know, buys or receives, sells or disposes of, conceals or ((have in his)) has in the dealer's possession, any vehicle from which the motor or serial number has been removed, defaced, covered, altered, or destroyed, or any dealer, who ((shall)) removes from or installs in any motor vehicle registered with the department by motor block number, a new or used motor block without immediately notifying the department of such fact upon a form provided by the department, or any vehicle dealer who ((shall)) loans or permits the use of vehicle dealer license plates by any person not entitled to the use thereof, ((shall be)) is guilty of a gross misdemeanor.
Sec. 10. RCW 46.70.290 and 1971 ex.s. c 231 s 23 are each amended to read as follows:
The provisions of chapter 46.70 RCW shall apply to the distribution and sale of mobile homes and to mobile home dealers, ((salesmen,)) distributors, manufacturers, factory representatives, or other persons engaged in such distribution and sale to the same extent as for motor vehicles.
Sec. 11. RCW 46.70.300 and 1981 c 152 s 2 are each amended to read as follows:
(1) The provisions of this chapter relating to the licensing and regulation of vehicle dealers((, salesmen,)) and manufacturers shall be exclusive, and no county, city, or other political subdivision of this state shall enact any laws, rules, or regulations licensing or regulating vehicle dealers((, salesmen,)) or manufacturers.
(2) This section shall not be construed to prevent a political subdivision of this state from levying a business and occupation tax upon vehicle dealers or manufacturers maintaining an office within that political subdivision if a business and occupation tax is levied by such a political subdivision upon other types of businesses within its boundaries.
Sec. 12. RCW 46.87.020 and 1991 c 163 s 4 are each amended to read as follows:
Terms used in this chapter have the meaning given to them in the International Registration Plan (IRP), the Uniform Vehicle Registration, Proration, and Reciprocity Agreement (Western Compact), chapter 46.04 RCW, or as otherwise defined in this section. Definitions given to terms by the IRP and the Western Compact, as applicable, shall prevail unless given a different meaning in this chapter or in rules adopted under authority of this chapter.
(1) "Apportionable vehicle" has the meaning given by the IRP, except that it does not include vehicles with a declared gross weight of twelve thousand pounds or less. Apportionable vehicles include trucks, tractors, truck tractors, road tractors, and buses, each as separate and licensable vehicles. For IRP jurisdictions that require the registration of nonmotor vehicles, this term may include trailers, semitrailers, and pole trailers as applicable, each as separate and licensable vehicles.
(2) "Cab card" is a certificate of registration issued for a vehicle by the registering jurisdiction under the Western Compact. Under the IRP, it is a certificate of registration issued by the base jurisdiction for a vehicle upon which is disclosed the jurisdictions and registered gross weights in such jurisdictions for which the vehicle is registered.
(3) "Commercial vehicle" is a term used by the Western Compact and means any vehicle, except recreational vehicles, vehicles displaying restricted plates, and government owned or leased vehicles, that is operated and registered in more than one jurisdiction and is used or maintained for the transportation of persons for hire, compensation, or profit, or is designed, used, or maintained primarily for the transportation of property and:
(a) Is a motor vehicle having a declared gross weight in excess of twenty-six thousand pounds; or
(b) Is a motor vehicle having three or more axles with a declared gross weight in excess of twelve thousand pounds; or
(c) Is a motor vehicle, trailer, pole trailer, or semitrailer used in combination when the gross weight or declared gross weight of the combination exceeds twenty-six thousand pounds combined gross weight. The nonmotor vehicles mentioned are only applicable to those jurisdictions requiring the registration of such vehicles.
Although a two-axle motor vehicle, trailer, pole trailer, semitrailer, or any combination of such vehicles with an actual or declared gross weight or declared combined gross weight exceeding twelve thousand pounds but not more than twenty-six thousand is not considered to be a commercial vehicle, at the option of the owner, such vehicles may be considered as "commercial vehicles" for the purpose of proportional registration. The nonmotor vehicles mentioned are only applicable to those jurisdictions requiring the registration of such vehicles.
Commercial vehicles include trucks, tractors, truck tractors, road tractors, and buses. Trailers, pole trailers, and semitrailers, will also be considered as commercial vehicles for those jurisdictions who require registration of such vehicles.
(4) "Credentials" means cab cards, apportioned plates (for Washington-based fleets), and validation tabs issued for proportionally registered vehicles.
(5) "Declared combined gross weight" means the total unladen weight of any combination of vehicles plus the weight of the maximum load to be carried on the combination of vehicles as set by the registrant in the application pursuant to chapter 46.44 RCW and for which registration fees have been or are to be paid.
(6) "Declared gross weight" means the total unladen weight of any vehicle plus the weight of the maximum load to be carried on the vehicle as set by the registrant in the application pursuant to chapter 46.44 RCW and for which registration fees have been or are to be paid. In the case of a bus, auto stage, or a passenger-carrying for hire vehicle with a seating capacity of more than six, the declared gross weight shall be determined by multiplying the average load factor of one hundred and fifty pounds by the number of seats in the vehicle, including the driver's seat, and add this amount to the unladen weight of the vehicle. If the resultant gross weight is not listed in RCW 46.16.070, it will be increased to the next higher gross weight so listed pursuant to chapter 46.44 RCW.
(7) "Department" means the department of licensing.
(8) "Fleet" means one or more commercial vehicles in the Western Compact and one or more apportionable vehicles in the IRP.
(9) "In-jurisdiction miles" means the total miles accumulated in a jurisdiction during the preceding year by vehicles of the fleet while they were a part of the fleet.
(10) "IRP" means the International Registration Plan.
(11) "Jurisdiction" means and includes a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign ((county [country])) country, and a state or province of a foreign country.
(12) "Owner" means a person or business firm who holds the legal title to a vehicle, or if a vehicle is the subject of an agreement for its conditional sale with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee, or if a vehicle is subject to a lease, contract, or other legal arrangement vesting right of possession or control, for security or otherwise, or if a mortgagor of a vehicle is entitled to possession, then the owner is deemed to be the person or business firm in whom is vested right of possession or control.
(13) "Preceding year" means the period of twelve consecutive months ((immediately prior to July 1st of the year immediately preceding the commencement of)) ending three months before the registration or license year for which proportional registration is sought.
(14) "Properly registered," as applied to the place of registration under the provisions of the Western Compact, means:
(a) In the case of a commercial vehicle, the jurisdiction in which it is registered if the commercial enterprise in which the vehicle is used has a place of business therein, and, if the vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled in or from that place of business, and the vehicle has been assigned to that place of business; or
(b) In the case of a commercial vehicle, the jurisdiction where, because of an agreement or arrangement between two or more jurisdictions, or pursuant to a declaration, the vehicle has been registered as required by that jurisdiction.
In case of doubt or dispute as to the proper place of registration of a commercial vehicle, the department shall make the final determination, but in making such determination, may confer with departments of the other jurisdictions affected.
(15) "Prorate percentage" is the factor that is applied to the total proratable fees and taxes to determine the apportionable or prorate fees required for registration in a particular jurisdiction. It is determined by dividing the in-jurisdiction miles for a particular jurisdiction by the total miles. This term is synonymous with the term "mileage percentage."
(16) "Registrant" means a person, business firm, or corporation in whose name or names a vehicle or fleet of vehicles is registered.
(17) "Registration year" means the twelve-month period during which the registration plates issued by the base jurisdiction are valid according to the laws of the base jurisdiction. ((The "registration year" for Washington is the period from January 1st through December 31st of each calendar year.))
(18) "Total miles" means the total number of miles accumulated in all jurisdictions during the preceding year by all vehicles of the fleet while they were a part of the fleet. Mileage accumulated by vehicles of the fleet that did not engage in interstate operations is not included in the fleet miles.
(19) "Western Compact" means the Uniform Vehicle Registration, Proration, and Reciprocity Agreement.
Sec. 13. RCW 46.87.030 and 1987 c 244 s 18 are each amended to read as follows:
(1) When application to register an apportionable or commercial vehicle is made after ((March 31st of a)) the third month of the owner's registration year, the Washington prorated fees may be reduced by one-twelfth for each full registration month that has elapsed at the time a temporary authorization permit (TAP) was issued or if no TAP was issued, at such time as an application for registration is received in the department. ((The filing of any application with the department incurs liability for the fees and taxes applicable to the vehicles contained in the application.)) If a vehicle is being added to a currently registered fleet, the prorate percentage previously established for the fleet for such registration year shall be used in the computation of the proportional fees and taxes due.
(2) If any vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered under this chapter, the registrant of the fleet shall notify the department on appropriate forms prescribed by the department. The department may require the registrant to surrender credentials that were issued to the vehicle. If a motor vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold, or otherwise completely removed from the service of the fleet registrant, the unused portion of the licensing fee paid under RCW 46.16.070 with respect to the vehicle reduced by one-twelfth for each calendar month and fraction thereof elapsing between the first day of the month of the current registration year in which the vehicle was registered and the date the notice of withdrawal, accompanied by such credentials as may be required, is received in the department, shall be credited to the fleet proportional registration account of the registrant. Credit shall be applied against the licensing fee liability for subsequent additions of motor vehicles to be proportionally registered in the fleet during such registration year or for additional licensing fees due under RCW 46.16.070 or to be due upon audit under RCW 46.87.310. If any credit is less than fifteen dollars, no credit will be entered. In lieu of credit, the registrant may choose to transfer the unused portion of the licensing fee for the motor vehicle to the new owner, in which case it shall remain with the motor vehicle for which it was originally paid. In no event may any amount be credited against fees other than those for the registration year from which the credit was obtained nor is any amount subject to refund.
Sec. 14. RCW 46.87.080 and 1987 c 244 s 23 are each amended to read as follows:
(1) Upon making satisfactory application and payment of applicable fees and taxes for proportional registration under this chapter, the department shall issue a cab card and validation tab for each vehicle, and to vehicles of Washington-based fleets, two distinctive apportionable license plates for each motor vehicle and one such plate for each trailer, semitrailer, pole trailer, or converter gear listed on the application. License plates shall be displayed on vehicles as required by RCW 46.16.240. The number and plate shall be of a design, size, and color determined by the department. The plates shall be treated with reflectorized material and clearly marked with the words "WASHINGTON" and "APPORTIONED," both words to appear in full and without abbreviation.
(2) The cab card serves as the certificate of registration for a proportionally registered vehicle. The face of the cab card shall contain the name and address of the registrant as contained in the records of the department, the license plate number assigned to the vehicle by the base jurisdiction, the vehicle identification number, and such other description of the vehicle and data as the department may require. The cab card shall be signed by the registrant, or a designated person if the registrant is a business firm, and shall at all times be carried in or on the vehicle to which it was issued. In the case of nonpowered vehicles, the cab card may be carried in or on the vehicle supplying the motive power instead of in or on the nonpowered vehicle.
(3) The apportioned license plates are not transferrable from vehicle to vehicle unless otherwise determined by rule and shall be used only on the vehicle to which they are assigned by the department for as long as they are legible or until such time as the department requires them to be removed and returned to the department.
(4) ((A)) Distinctive validation tab(s) of a design, size, and color determined by the department shall be affixed to the apportioned license plate(s) as prescribed by the department to indicate the month, if necessary, and year for which the vehicle is registered. Foreign-based vehicles proportionally registered in this state under the provisions of the Western Compact shall display the validation tab on a backing plate or as otherwise prescribed by the department.
(5) Renewals shall be effected by the issuance and display of such tab(s) after making satisfactory application and payment of applicable fees and taxes.
(6) Fleet vehicles so registered and identified shall be deemed to be fully licensed and registered in this state for any type of movement or operation. However, in those instances in which a grant of authority is required for interstate or intrastate movement or operation, no such vehicle may be operated in interstate or intrastate commerce in this state unless the owner has been granted interstate operating authority by the interstate commerce commission in the case of interstate operations or intrastate operating authority by the Washington utility and transportation commission in the case of intrastate operations and unless the vehicle is being operated in conformity with that authority.
(7) The department may issue temporary authorization permits (TAPs) to qualifying operators for the operation of vehicles pending issuance of license identification. A fee of one dollar plus a one dollar filing fee shall be collected for each permit issued. The permit fee shall be deposited in the motor vehicle fund, and the filing fee shall be deposited in the highway safety fund. The department may adopt rules for use and issuance of the permits.
(8) The department may refuse to issue any license or permit authorized by subsection (1) or (7) of this section to any person: (a) Who formerly held any type of license or permit issued by the department pursuant to chapter 46.16, 46.85, 46.87, 82.36, 82.37, or 82.38 RCW that has been revoked for cause, which cause has not been removed; or (b) who is a subterfuge for the real party in interest whose license or permit issued by the department pursuant to chapter 46.16, 46.85, 46.87, 82.36, 82.37, or 82.38 RCW and has been revoked for cause, which cause has not been removed; or (c) who, as an individual licensee, or officer, director, owner, or managing employee of a nonindividual licensee, has had a license or permit issued by the department pursuant to chapter 46.16, 46.85, 46.87, 82.36, 82.37, or 82.38 RCW which has been revoked for cause, which cause has not been removed; or (d) who has an unsatisfied debt to the state assessed under either chapter 46.16, 46.85, 46.87, 82.36, 82.37, 82.38, or 82.44 RCW.
(9) The department may revoke the license or permit authorized by subsection (1) or (7) of this section issued to any person for any of the grounds constituting cause for denial of licenses or permits set forth in subsection (8) of this section.
(10) Before such refusal or revocation under subsection (8) or (9) of this section, the department shall grant the applicant a hearing and at least ten days written notice of the time and place of the hearing.
Sec. 15. RCW 46.87.310 and 1987 c 244 s 44 are each amended to read as follows:
Any owner whose application for proportional registration has been accepted shall preserve the records on which the application is based for a period of four years following the preceding year or period upon which the application is based. These records shall be complete and shall include, but not be limited to, the following: Copies of proportional registration applications and supplements for all jurisdictions in which the fleet is prorated; proof of proportional or full registration with other jurisdictions; vehicle license or trip permits; temporary authorization permits; documents establishing the latest purchase year and cost of each fleet vehicle in ready-for-the-road condition; weight certificates indicating the unladen, ready-for-the-road, weight of each vehicle in the fleet; periodic summaries of mileage by fleet and by individual vehicles; individual trip reports, driver's daily logs, or other source documents maintained for each individual trip that provide trip dates, points of origin and destinations, total miles traveled, miles traveled in each jurisdiction, routes traveled, vehicle equipment number, driver's full name, and all other information pertinent to each trip. Upon request of the department, the owner shall make the records available to the department at its designated office for audit as to accuracy of records, computations, and payments. The department shall assess and collect any unpaid fees and taxes found to be due the state and provide credits or refunds for overpayments of Washington fees and taxes as determined in accordance with formulas and other requirements prescribed in this chapter. If the owner fails to maintain complete records as required by this section, the department shall attempt to reconstruct or reestablish such records. However, if the department is unable to do so and the missing or incomplete records involve mileages accrued by vehicles while they are part of the fleet, the department may assess an amount not to exceed the difference between the Washington proportional fees and taxes paid and one hundred percent of the fees and taxes. Further, if the owner fails to maintain complete records as required by this section, or if the department determines that the owner should have registered more vehicles in this state under this chapter, the department may deny the owner the right of any further benefits provided by this chapter until any final audit or assessment made under this chapter has been satisfied.
The department may audit the records of any owner and may make arrangements with agencies of other jurisdictions administering motor vehicle registration laws for joint audits of any such owner. No assessment for deficiency or claim for credit may be made for any period for which records are no longer required. Any fees, taxes, penalties, or interest found to be due and owing the state upon audit shall bear interest at ((twelve percent per annum from the date on which the deficiency is incurred)) the rate of one percent per month, or fraction thereof, from the first day of the calendar month after the amount should have been paid until the date of payment. If the audit discloses a deliberate and willful intent to evade the requirements of payment under RCW 46.87.140, a penalty of ten percent shall also be assessed.
If the audit discloses that an overpayment to the state in excess of five dollars has been made, the department shall certify the overpayment to the state treasurer who shall issue a warrant for the overpayment to the vehicle operator. Overpayments shall bear interest at the rate of eight percent per annum from the date on which the overpayment is incurred until the date of payment.
Sec. 16. RCW 46.87.340 and 1987 c 244 s 47 are each amended to read as follows:
If an owner of proportionally registered vehicles liable for the remittance of fees and taxes imposed by this chapter ((for which an assessment has become final)) fails to pay the fees and taxes, the amount thereof, including any interest, penalty, or addition to the fees and taxes together with any additional costs that may accrue, constitutes a lien in favor of the state upon all franchises, property, and rights to property, whether the property is employed by the person for personal or business use or is in the hands of a trustee, receiver, or assignee for the benefit of creditors, from the date the fees and taxes were due and payable until the amount of the lien is paid or the property is sold to pay the lien. The lien has priority over any lien or encumbrance whatsoever, except the lien of other state taxes having priority by law, and except that the lien is not valid as against any bona fide mortgagee, pledgee, judgment creditor, or purchaser whose rights have attached before the time the department has filed and recorded notice of the lien as provided in this chapter.
In order to avail itself of the lien created by this section, the department shall file with any county auditor a statement of claim and lien specifying the amount of delinquent fees and taxes, penalties, and interest claimed by the department. From the time of filing for record, the amount required to be paid constitutes a lien upon all franchises, property, and rights to property, whether real or personal, then belonging to or thereafter acquired by the person in the county. Any lien as provided in this section may also be filed in the office of the secretary of state. Filing in the office of the secretary of state is of no effect, however, until the lien or a copy of it has been filed with the county auditor in the county where the property is located. When a lien is filed in compliance with this section and with the secretary of state, the filing has the same effect as if the lien had been duly filed for record in the office of each county auditor of this state.
NEW SECTION. Sec. 17. A new section is added to chapter 46.87 RCW to read as follows:
The department may extend or diminish vehicle license registration periods for the purpose of staggering renewal periods. The extension or diminishment of a vehicle license registration period must be by rule of the department. The rule shall provide for the collection of proportionally increased or decreased vehicle license registration fees and of excise or other taxes required to be paid at the time of registration.
It is the intent of the legislature that there shall be neither a significant net gain nor loss of revenue to the state general fund or the motor vehicle fund as the result of implementing and maintaining a staggered vehicle registration system.
NEW SECTION. Sec. 18. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane.
(2) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.
(3) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling vessels at wholesale or retail in this state.
(4) "Department" means the department of licensing.
NEW SECTION. Sec. 19. (1) Vessel dealer display decals may only be used:
(a) To demonstrate vessels held for sale when operated by a prospective customer holding a dated demonstration permit, and must be carried in the vessel at all times it is being operated by the individual;
(b) On vessels owned or consigned for sale that are in fact available for sale and being used only for vessel dealer business purposes by an officer of the corporation, a partner, a proprietor, or by a bona fide employee of the firm if a card so identifying the individual is carried in the vessel at all times it is so operated.
(2) A violation of this section and the rules adopted by the department under this section is a misdemeanor punishable only by a fine not to exceed one hundred dollars per vessel for the first violation. Subsequent violations in the same year are subject to the following fines:
(a) For the second violation, a fine of two hundred dollars per vessel;
(b) For the third and successive violations, a fine of four hundred dollars per vessel.
(3) After subtraction of court costs and administrative collection fees, moneys collected under this section shall be credited to the current expense fund of the arresting jurisdiction.
(4) All law enforcement officers have the authority to enforce this section and the rules adopted by the department under this section.
NEW SECTION. Sec. 20. (1) Vessel dealers shall maintain an established place of business as follows:
(a) A place of business in the state of Washington, in an area where vessel dealer business may be lawfully conducted in accordance with the terms of all applicable building code, zoning, and other land use regulatory ordinances;
(b) Display of a sign, permanently affixed to the land or building, clearly visible to the public, identifying the nature of the business as marine sales, service, repair, or manufacturing;
(c) The dealer shall keep the place of business open or maintain a telecommunications system so that the public and representatives of the department may contact the vessel dealer or dealer's salesperson at reasonable times;
(d) The books, records, and files necessary to conduct the business shall be kept and maintained at the place of business listed on the vessel dealer's registration, and shall be available for inspection by representatives of the department at reasonable times.
(2) The department may waive any requirements pertaining to a vessel dealer's established place of business if the waiver both serves the purposes of this chapter and is necessary due to unique circumstances such as a highly specialized business or impediments to displaying a sign.
NEW SECTION. Sec. 21. For the purposes of an investigation or proceeding under this chapter the director or an officer designated by the director may administer oaths and affirmations, subpoena witnesses and records, compel their attendance, take evidence, and require the production of documents or records that the director deems relevant or material to the inquiry.
NEW SECTION. Sec. 22. A vessel dealer who receives cash or a negotiable instrument of deposit in excess of one thousand dollars, or a deposit of any amount that will be held for more than fourteen calendar days, shall place the funds in a separate trust account. Only cash or negotiable instruments from a retail purchaser are required to be placed in a trust account.
(1) Upon receipt, the cash or negotiable instrument must be immediately set aside and endorsed to the trust account.
(2) The dealer shall deposit the cash or negotiable instrument in the trust account by the close of banking hours on the day after receipt.
(3) After delivery of the purchaser's vessel the vessel dealer shall remove the deposited funds from the trust account.
(4) The dealer shall not commingle the trust account funds with any other funds.
(5) The funds must remain in the trust account until the delivery of the purchased vessel. However, upon written agreement from the purchaser, the vessel dealer may remove and release trust funds before delivery.
NEW SECTION. Sec. 23. If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, or a rule adopted or an order issued under this chapter, the director may issue an order directing the person to cease and desist from continuing the act or practice. The director shall give reasonable notice of an opportunity for hearing. The director may issue a temporary order pending a hearing. The temporary order remains in effect until ten days after the hearing is held and becomes final if the person to whom notice is addressed does not request a hearing within twenty days after receipt of this notice.
NEW SECTION. Sec. 24. The department may adopt rules under chapter 34.05 RCW to ensure the implementation, proper operation, and enforcement of this chapter.
NEW SECTION. Sec. 25. RCW 46.12.120 and 46.12.140 are each recodified as sections in chapter 46.70 RCW.
NEW SECTION. Sec. 26. Sections 18 through 24 of this act and the following sections, upon recodification, shall constitute a new chapter in Title 88 RCW: RCW 88.02.060, 88.02.112, 88.02.115, 88.02.118, 88.02.125, 88.02.184, 88.02.188, 88.02.210, and 88.02.230.
NEW SECTION. Sec. 27. The following acts or parts of acts are each repealed:
(1) RCW 46.70.150 and 1961 c 12 s 46.70.150;
(2) RCW 46.87.160 and 1987 c 244 s 29;
(3) RCW 88.02.023 and 1987 c 149 s 4;
(4) RCW 88.02.078 and 1987 c 149 s 2; and
(5) RCW 88.02.220 and 1991 c 339 s 33 & 1987 c 149 s 11.
NEW SECTION. Sec. 28. The code reviser's office may correct all statutory references affected by the recodifications directed by sections 25 and 26 of this act."
Senator Vognild moved that the following amendment to the Committee on Transportation striking amendment be adopted:
On page 3, after line 36, insert the following:
"NEW SECTION. Sec. 4. A new section is added to chapter 46.16 RCW to read as follows:
Beginning January 1, 1996, all existing vehicle license plates that are not of the mountain background design, except those plates designated in RCW 46.16.305 (1) and (3), shall be replaced at the time of annual renewal. The cost of the replacement plates shall be in a addition to other renewal fees.
"Renumber the remaining sections consecutively and correct any internal references accordingly.
POINT OF ORDER
Senator Nelson: "Mr. President, I rise to a point of order. I would like the President to rule on the scope and object of this amendment. The basis for this measure is to clean up a few of the problems that we have in the Department of Licensing on statutes that should be repealed and deals with the issue of vessels and other programs that have been switched from statutory involvement to rules and regulations. This amendment deals with license plates and the abolishment of the existing plates that we have within the state of Washington to one plate with a background. I am sympathetic to the issue that is embodied within this amendment, but I certainly think it goes far beyond the scope and object of the original bill."
Further debate ensued.
MOTION
On motion of Senator Jesernig, further consideration of House Bill No. 1379 was deferred.
MOTION
On motion of Senator Jesernig, the Senate advanced to the ninth order of business.
MOTIONS
On motion of Senator Jesernig, the Committee on Ecology and Parks was relieved of further consideration of Engrossed Substitute House Bill No. 1236.
On motion of Senator Jesernig, Engrossed Substitute House Bill No. 1236 was referred to the Committee on Ways and Means.
MOTION
At 8:59 p.m., on motion of Senator Jesernig, the Senate adjourned until 10:00 a.m., Wednesday, April 14, 1993.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate